Point of Law: If vehicle is kept idle in the police station, which is to be exposed to sun and rain, the vehicle will be damaged and it also lose its roadworthiness.

ORDER :

Heard learned counsel for the petitioner and perused the material available on record.

2) With the consent of both the counsel, this Writ Petition is disposed of at the stage of admission.

3) The case of the petitioner is that he is the owner of the vehicle i.e., Hero HF Deluxe motor cycle registered bearing No. AP 16 EL 1585. The petitioner using this motor cycle for doing his vegetable business and eking out livelihood. On 05.09.2021, the 3rd respondent has seized the said motor cycle alleging that he is in possession of 10 liters of I.D. liquor in 10 letters capacity white plastic can and 1000 liters of F.J. wash in five plastic drums each drum contains 200 liters of F.J wash and accordingly registered a case in Cr.No.224 of 2021 under Section 7(A) r/w 8(e) of Andhra Pradesh Prohibition Act, 1995. Thereafter, the 3rd respondent initiated proceedings for confiscation of the seized vehicle before the 2nd respondent. The petitioner made a representation on 11.10.2021 to the 2nd respondent seeking custody of the seized vehicle pending confiscation proceedings. As no orders are passed on the representation submitted by the petitioner, the present Writ Petition is filed.

4) Learned Government Pleader submits that to consider the representation of the petitioner for interim custody of the vehicle, the 2nd respondent ought to have get a valuation of the vehicle through the concerned RTI officials. After obtaining the value of the vehicle, the representation of the petitioner will be considered.

5) Having heard the submissions of both the counsels and upon perusal of the material available on record, it is an admitted fact that the motor cycle of the petitioner was seized on 05.09.2021 and the same was kept in the police station premises of the 3rd respondent. If the said vehicle is kept idle in the police station, which is to be exposed to sun and rain, the vehicle will be damaged and it also lose its roadworthiness. Under the circumstances, if the vehicle is damaged, it is not useful for petitioner and respondents.

6) In view of the same, in the considered opinion of this Court, it is appropriate to release the said vehicle in favour of the petitioner on certain terms and conditions to meet the interest of justice.

7) Accordingly, this Writ Petition is disposed of with the following directions:

1) The respondent No.2 is directed to consider the representation dated 11.10.2021 of the petitioner and release the motor cycle i.e., Hero HF Deluxe motor cycle registered bearing No. AP 16 EL 1585 in favour of the petitioner on furnishing immovable security equivalent to the value of the seized motor cycle within one (1) week from today.

2) The petitioner is directed not to alienate the vehicle or change the physical features or create any encumbrance on the said vehicle.

3) The petitioner shall produce the vehicle whenever it is required by the concerned authorities during pendency of the proceedings before them.

There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed.