The court's decision was based on the principle of protecting the interest of the respondents while allowing for interim custody of the seized vehicle pending confiscation proceedings.

JUDGMENT

Battu Devanand, J. - Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the respondents.

2. The case of the petitioner is that he is the owner of the vehicle i.e., ashok Leyland Goods carriage vehicle registered bearing No.aP 37 TD 3336. Later, he came to know that on 15.12.2020, the 3rd respondent seized the same and registered a case in Cr.No.710 of 2020 for the offences punishable under Section 34(a) of the andhra Pradesh Excise act, 1968 alleging illegal transportation of some liquor bottles.

3. Learned counsel would submit that the 3rd respondent registered a false case against the petitioner. However, a representation dated 27.12.2021 was made before the 2nd respondent requesting to release the seized vehicle pending confiscation proceedings. as the said representation was not considered by the 2nd respondent, the present writ petition is filed.

4. On the other hand, learned Government Pleader for Prohibition and Excise submits that to consider the representation of the petitioner dated 27.12.2021, to release the seized vehicle for interim custody pending confiscation proceedings, the 2nd respondent has to follow the procedure of assessing the valuation of the seized vehicle through the Road Transport Officials and due to that reason some delay might have occurred.

5. Having heard the submissions of the respective counsel and upon perusal of the material available on record, it appears that the vehicle was seized on 15.12.2020 and it was kept in the premises of the 3rd respondent Police Station till then. In the opinion of this Court, keeping the vehicle idle in the Police Station premises causes damage due to exposure to sun and rain. Instead of keeping the vehicle idle, it is appropriate to release it in favour of the petitioner for interim custody pending confiscation proceedings by imposing certain conditions to protect the interest of the respondents.

6. accordingly, this writ petition is disposed of, with the following directions:

i) the 2nd respondent is directed to consider and pass appropriate orders on the representation dated 27.12.2021 submitted by the petitioner for interim custody of the vehicle pending confiscation proceedings by taking immovable property security equivalent to the value of the said vehicle from the petitioner within a period of one (1) week from the date of submission of the said security.

ii) The petitioner shall submit solvency certificate of the immovable property issued by the competent authority i.e., Tahsildar/Panchayat Secretary/Municipal Commissioner having jurisdiction over the area where the property is situated.

iii) The petitioner shall produce encumbrance certificate obtained from online issued by the competent authority stating that the property is free from all encumbrances.

iv) The petitioner shall produce an affidavit stating that the immovable property which is produced as security for release of the vehicle shall not be alienated without knowledge/permission of the confiscating authority.

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

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

7. There shall be no orders as to costs.

8. as a sequel, pending miscellaneous petitions shall stand closed.