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TADIKONDA RATNA KUMAR – Appellant
Versus
THE STATE OF ANDHRA PRADESH – Respondent


ORDER:

This Writ Petition is filed, under Article 226 of the Constitution of India, declaring the action of respondent Nos.2 and 3, in not releasing the seized vehicle of the petitioner viz. Auto bearing registration No.AP 16TS 2433, in connection with Crime No.363 of

2020, as illegal and arbitrary.

The facts of the case in brief are that the petitioner is the registered owner of the vehicle viz. Auto bearing registration No.AP 16TS 2433. The petitioner hired the vehicle to one Tipuram Jaya Ram. While so, on 05.06.2020, the 3rd respondent stopped the vehicle and exercised check and found 6 bottles of Southern Blue Supreme whisky-180 ml, 6 bottles of 9 Sea Horses whisky-180 ml and 3 bottles of Galazy Pure Grain whisky-180 ml and registered Crime No.363 of 2020 for the offence under Section 34A of the Andhra Pradesh Excise Act (for short ‘Excise Act’), 1968 and seized the vehicle.

Learned Counsel for the petitioner contended that the petitioner ekes-out his livelihood by hiring the vehicle and neither the petitioner nor his driver is unaware of illegal transport of liquor bottles by the hirer of the vehicle and Crime was registered against the hirer and three others and seized the vehicl

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