Andhra Pradesh High Court - Amravati
Sobha Amruthavalli Addanki, vs State Of Andhra Pradesh, on 2 June, 2020
Author: K.Suresh Reddy
Bench: K.Suresh Reddy
HON'BLE SRI JUSTICE K.SURESH REDDY
WRIT PETITION No. 9421 of 2020
ORDER:
Heard Mr.S.V.Ramana, learned counsel for the petitioner, and learned Government Pleader for Home appearing on behalf of respondent Nos.1 and 2.
The present writ petition is filed seeking a direction to respondent No.2 to release Innova Car bearing registration No.AP07 CH 2345.
The vehicle in question was seized on 20.04.2020 and a case in Crime No.130/2020 for the offences under Sections 188, 269 IPC and Section 34(a) of the AP Excise Act was registered. It is alleged, in the occurrence report, that the vehicle was found in Chuttugunta Centre, Eluru Road, Vijayawada and, on seeing police personnel, five persons standing near the vehicle ran away and even the car driver wanted to flee from the car. Subsequently, he was apprehended and he confessed that he was selling liquor on the Highway as he wanted to make money having purchased from unknown persons. The police seized the liquor bottles and the Innova Car. Now, the present writ petition is filed by the owner of the vehicle stating that she is not an accused and, without her knowledge, the accused transported liquor bottles. On this ground, the petitioner sought release of the vehicle by way of interim custody.
If the vehicle is kept idle exposing to sun and rain, it will be damaged and no useful purpose would be served keeping the custody of the vehicle with the police. As such, this Court is inclined to release the vehicle in favour of the petitioner by taking some security.
Accordingly, respondent No.2 is directed to release Innova Car bearing registration No.AP07 CH 2345 on condition of the petitioner furnishing third party security for the value assessed by the Regional Transport Officer (RTO). Further, the petitioner shall deposit original R.C.book with the police and he is directed not to alter or change the nature of the vehicle and he shall produce the same as and when required. The petitioner is further directed not to alienate the vehicle bearing No.AP07 CH 2345.
With the above direction, the Writ Petition stands disposed of. No order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________ K.SURESH REDDY, J Dt:02.06.2020 usd