Andhra Pradesh High Court - Amravati
S Manjappan vs The State Of Ap on 24 October, 2025
APHC010560252025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 29075/2025
Between:
1. S MANJAPPAN, S/O SEKHAR, AGED ABOUT 26 YEARS,
R/O.PULLAYAR KOVIL THERUVU, ORAVANDHAVADI
VILLAGE, AALATHURU POST, CHENGAM THALUK,
THIRUVANNAMALAI DISTRICT, TAMILNADU STATE.
...PETITIONER
AND
1. THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY,
PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT
BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR
DISTRICT.
2. THE COMMISSIONER OF PROHIBITION AND EXCISE CUM
APPELLATE AUTHORITY, MANGALAGIRI, GUNTUR
DISTRICT
3. THE DEPUTY COMMISSIONER OF PROHIBITION
EXCISECUM CONFISCATION AUTHORITY, CHITTOOR
DISTRICT.
4. THE SUPERINTENDENT OF POLICE, CHITTOOR, CHITTOOR
DISTRICT.
5. THE STATION HOUSE OFFICER, BANGARUPALEM (UPS)
POLICE STATION, CHITTOOR DISTRICT.
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that
in the circumstances stated in the affidavit filed therewith, the High
Court may be pleased to issue a Writ of Mandamus, or other
appropriate writ, order or direction, declaring the proceeding in Cr.No.
5227/2025/CPE/C, dated 23-05-2025 issued by the 2nd Respondent
herein in confirming the proceeding in Rc.No.l23-l/CTR/2024 dated
21-12-2024 issued by the 3rd respondent herein in confiscating the
container lorry bearing Reg.No. KA51 AH 0349 as illegal, arbitrary,
unreasonable, violative of Articles 14, 19 (l)(g) and 21 of the
Constitution of India besides contrary to the provisions of Andhra
Pradesh Excise Act, 1968 and consequently direct the respondents
herein to grant interim custody of container lorry bearing Reg.No.
KA51 AH 0349 to the petitioner herein and pass
IA NO: 1 OF 2025
Petition under Section 151 CPC praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court
may be pleased pleased to direct the respondents herein forthwith to
2
grant interim custody of container lorry bearing Reg.No. KA51 AH
0349 to the petitioner herein by suspending the proceeding in Cr.No.
5227/2025/CPE/C, dated 23-05-2025 issued by the 2nd Respondent
herein and the proceeding in Rc.No. 123-1/CTR/2024, dated 21-12-
2024 issued by the 2nd respondent herein, pending disposal of theWrit
Petition and pass
Counsel for the Petitioner:
1. P DURGA PRASAD
Counsel for the Respondent(S):
1. GP FOR PROHIBITION EXCISE
2. GP FOR HOME
3
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.29075 of 2025
ORDER:-
The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"...to issue a Writ of Mandamus, or other appropriate writ, order or direction, declaring the proceeding in Cr.No.5227/2025/CPE/C, dated 23-05-2025 issued by the 2nd Respondent herein in confirming the proceeding in Rc.No.123-1/CTR/2024 dated 21-12-2024 issued by the 3rd respondent herein in confiscating the container lorry bearing Reg.No.KA51 AH 0349 as illegal, arbitrary, unreasonable, violative of Articles 14, 19 (1)(g) and 21 of the Constitution of India besides contrary to the provisions of Andhra Pradesh Excise Act, 1968 and consequently direct the respondents herein to grant interim custody of container lorry bearing Reg.No.KA51 AH 0349 to the petitioner herein and pass such other orders..."
2. Precisely, the Writ Petition is filed seeking a direction to release the seized vehicle of the petitioner i.e., container lorry bearing No.KA51 AH 0349.
3. Learned counsel for the petitioner relied on the orders of this Court in W.P.No.19736 of 2022 dated 08.07.2022, W.P.No.5032 of 2023 dated 01.03.2023 and W.P.No.13322 of 2024 and urges this Court to extend the similar order to the petitioner herein.
4. Learned counsel appearing for the petitioner would submit that the petitioner is the registered owner of the vehicle and the police have illegally seized the vehicle and implicated the petitioner in the alleged crime registered in Crime No.98 of 2024 under Section 171E of the Indian Penal Code, Section 7 read with Section 8(b)(ii) of the A.P.Prohibition Act, 1995 registered by the 5th respondent - The Station House Officer, Bangarupalem Urban Police Station, Chittoor District. Therefore, learned counsel for the petitioner requests this Court to direct the respondents to release the vehicle.
45. Keeping in view the above circumstances, this Court is inclined to dispose of the present Writ Petition by following the aforesaid orders of this Court, referred above.
6. Therefore, this Writ Petition is disposed of, directing the respondent-authorities to grant interim release/interim custody of the vehicle of the petitioner, i.e., container lorry bearing No.KA51 AH 0349, seized in Crime No.98 of 2024 under Section 7 read with Section 8(b)(ii) of the A.P.Prohibition Act, 1995 registered by the 5th respondent - The Station House Officer, Bangarupalem Urban Police Station, Chittoor District, on furnishing collateral security for an amount of Rs.5,00,000/- (Rupees five lakhs only). It is further directed the respondents to forthwith release the aforesaid vehicle of the petitioner subject to the conditions of the petitioner furnishing security in the form of fixed deposit for a sum of Rs.5,00,000/- (Rupees five lakhs only) and the petitioner is directed not to change the physical features of the vehicle and not to alienate the vehicle in favour of third party and the petitioner is further directed to execute an affidavit to that extent. The concerned authority is directed to communicate the same to the concerned RTA Authorities about the seizure of the vehicle of the petitioner and pendency of the investigation in the subject crime. It is also made clear that the order of this Court shall be subject to the outcome of the confiscation proceedings under the provisions of the A.P.Excise Act.
7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 24.10.2025 KBN