B.K.SOMASEKHARA
S. Kareemulla – Appellant
Versus
Prohibition and Excise Sub-Inspector, Nandyal – Respondent
( 1 ) THIS batch of writ petitions, involving common questions of law and most of the facts having been admitted are heard on merits as proposed by the learned Advocates both for the petitioners and the respondents, and are being disposed of by means of this common judgment on merits.
( 2 ) THE vehicles, said to be belonging to the petitioners, were seized by the first respondent for an alleged offence under Section 34 (a) of the Andhra pradesh Excise Act and they are said to have been before the Deputy commissioner of Excise for initiating confiscation proceedings in accordance with law. Sec. 46 (2) of the A. P. Excise Act. The propriety of the seizure of the vehicles is being assailed on the grounds of illegality, arbitrariness and unjustifiable basis. The petitioners have also sought for release of the vehicles pending any prosecution for the alleged offences and the confiscation proceedings if initiated. The particulars of the vehicles seized in particular proceedings and lying before the particular authority for confiscation are as herein:
Sl. No.
W. P. No.
Vehicle No.
p. r. no.
Cr. No.
Name of the authority before whom the vehicle is produced for confisca
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