The Court balanced the interests of the parties by allowing interim custody of the seized vehicle with strict conditions to protect the vehicle and prevent any unauthorized actions.

JUDGMENT

Battu Devanand, J. - Heard Sri G.V.S. Mehar Kumar, learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise appearing for the respondents. Perused the material available on record.

2. The case of the petitioner is that he is the owner of the vehicle i.e., ashoka Leyland Mini Truck bearing registration No.aP-07-TD-8747. The said vehicle was seized by the 3rd respondent in connection with Crime No.78 of 2021, dated 20.02.2021 alleging illegal transportation of some liquor bottles in it. The petitioner submitted a representation dated 19.08.2021 to the 2nd respondent to release the seized vehicle in favour of the petitioner pending confiscation proceedings. as the said request was not considered by the 2nd Respondent, the present Writ Petition is filed.

3. Learned Government Pleader appearing for the respondents submits that release of the vehicle for interim custody pending confiscation proceedings, the 2nd respondent has to get valuation of the vehicle from the concerned R.T.a. Department officials and after ascertaining the value of the vehicle, it will be informed to the petitioner and the representation of the petitioner will be considered in accordance with law.

4. Having heard the submissions of both the counsels, in the considered view of this Court, keeping the vehicle in the police station is not useful either to the petitioner or the respondents as there is every possibility for damage of the vehicle to the exposure to sun and rain and the vehicle will lose roadworthiness after some days. To protect the interest of the parties, it is appropriate to dispose of the Writ Petition with the following directions:

i) The 2nd respondent is directed to consider and pass appropriate orders on the representation dated 19.08.2021 submitted by the petitioner for interim custody of the vehicle pending confiscation proceedings by taking immovable property security situated in the State of andhra Pradesh 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.

5. There shall be no order as to costs.

6. as a sequel, miscellaneous petitions pending, if any, shall stand closed