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1996 Supreme(AP) 287

T.N.C.RANGA RAJAN
S. Jaganmohanreddy – Appellant
Versus
Prohibition and Excise Inspector, Tandur Station – Respondent


T. N. C. RANGA RAJAN, J.

( 1 ) THIS writ petition seeks release of Bajaj Chetak Scooter bearing No. A 11 C 753. According to the petitioner, he is the owner of the vehicle and he had given the same to his friend Sri B. Subhodh reddy for attending a marriage. Subsequently, he came to know that Subodh reddy had been arrested for an offence under the Prohibition Act and the vehicle has been seized on 26-1-1996. He states that he made a request to the Prohibition and Excise Inspector to return the vehicle to him as he is the owner and he was not connected with the offence, but he was informed that it was not possible as there is no provision either under the Prohibition Act or in the Excise Act for interim custody of the vehicle pending confiscation proceedings. He, therefore, filed this writ petition on 14-3-1996 seeking the release of the vehicle. An Additional affidavit has now been filed stating that in response to a written application dated 18-3-1996, the Deputy Commissioner passed an order dated 23-3-1996 rejecting his application. It is, therefore, stated that even the alternative remedy has been exhausted and, therefore, a direction should be given for the release of the vehicl












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