Back
ANDHRA PRADESH HIGH COURT AT AMARAVATI
R.Raghunandan Rao, J.
Battula Mahesh Babu – Appellant
Versus
State of Andhra Pradesh & Ors. – Respondents
Writ Petition No. 8290 of 2022
Decided On : 01-04-2022
Seizure - Release of Vehicle - Interim Custody
Fact of the Case:
The petitioner's motorcycle was seized on the ground of transporting contraband. The petitioner sought release of the vehicle due to deterioration from exposure to the elements.
Finding of the Court:
The court directed the 2nd respondent to consider and pass appropriate orders for interim custody of the vehicle, subject to certain conditions.
Issues: Release of seized vehicle for interim custody pending confiscation proceedings.
Ratio Decidendi: The court can grant interim custody of a seized vehicle subject to specific conditions to ensure compliance and safeguard the interests of the authorities.
Final Decision: The court directed the 2nd respondent to consider the petitioner's application for interim custody of the vehicle, imposing conditions related to immovable property security and compliance with authority requirements.
JUDGMENT
R. Raghunandan Rao, J. - a Splendor Plus two wheeler motor cycle bearing No.aP-39-BK-2996 belonging to the petitioner had been seized on 07.03.2022 in Crime No.37 of 2022, by the 3rd respondent on the ground that the said vehicle was transporting contraband. The petitioner submitted an application on 09.03.2022 to the 2nd respondent seeking release of the seized vehicle for interim custody pending confiscation proceedings. The petitioner has now approached this Court, by way of the present writ petition for release of the said vehicle on the ground that the vehicle is deteriorating in view of the vehicle being left exposed to the elements.
2. In similar circumstances, this Court had directed to release of such vehicle into the custody of his owner pending disposal of the main case.
3. 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 09.03.2022 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 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 shall produce the vehicle whenever it is required by the concerned authorities during pendency of the proceedings before them.
vi) The petitioner shall not alienate the vehicle during the pendency of the proceedings.
4. There shall be no order as to costs. as a sequel, pending miscellaneous petitions, if any, shall stand closed.
Courts can grant interim custody of seized property with specific conditions to safeguard interests and ensure compliance.
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.
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 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 seized property.
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.
Seized vehicles should be released pending hearing of applications for return, and should not be kept at police stations for a long period.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
