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ANDHRA PRADESH HIGH COURT AT AMARAVATI
Battu Devanand, J.
Kesaboyina Anasurya – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 1548 of 2022
Decided On : 25-01-2022
Writ Petition - Seized Vehicle - The court allowed the writ petition and directed the release of the seized vehicle for interim custody of the petitioner with certain conditions.
Fact of the Case:
The court heard the counsel for the petitioner and the government pleader for the respondents. Both parties agreed that in identical circumstances, the court had disposed of similar writ petitions.
Finding of the Court:
The court allowed the writ petition and issued specific directions for the release of the seized vehicle for interim custody of the petitioner, subject to certain conditions.
Issues: The issue involved the release of the seized vehicle and the conditions imposed by the respondent No.4.
Ratio Decidendi: The court set aside the condition imposed by the respondent No.4 and directed the release of the seized vehicle for interim custody of the petitioner with specific requirements and restrictions.
Final Decision: The writ petition was allowed, and the court directed the release of the seized vehicle for interim custody of the petitioner with detailed conditions and instructions.
JUDGMENT
Battu Devanand, J. - Heard learned counsel for the petitioner and the learned Government Pleader appearing for the respondents and perused the material available on record.
2. Both the counsel agreed that in identical circumstances, this Court disposed of number of Writ Petitions in similar set of facts of this Writ Petition.
3. accordingly, this Writ Petition is allowed with the following directions:
i) The condition imposed by the respondent No.4 vide Proceedings in C.No.10223/SEB/GNT®/20220, dated 26.03.2021, is set aside.
ii) The respondents are directed to release the seized vehicle for interim custody of the petitioner 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.
iii) 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.
iv) The petitioner shall produce encumbrance certificate obtained from online issued by the competent authority stating that the property is free from all encumbrances.
v) 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.
vi) The petitioner is directed not to alienate the vehicle or change the physical features or create any encumbrance on the said vehicle.
vii) The petitioner shall produce the vehicle whenever it is required by the concerned authorities during pendency of the proceedings before them.
4. There shall be no order as to costs.
5. as a sequel, miscellaneous petitions pending, if any, shall stand closed.
The court has the authority to set aside conditions imposed by the respondent and issue specific directions for the release of seized property.
The main legal point established in the judgment is the court's authority to set aside conditions imposed by the respondent and to issue specific directions for the release of a seized vehicle.
The court has the authority to set aside conditions imposed by the respondent and issue specific directions for the release of a seized vehicle.
The main legal principle established is that in cases of vehicle seizure, the court may allow the use of immovable property as security for release of the vehicle, instead of a fixed deposit receipt.
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.
Courts can grant interim custody of seized property with specific conditions to safeguard interests and ensure compliance.
The court has the power to direct the release of a confiscated vehicle pending appellate proceedings if it is in the interest of justice.
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.
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