THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.30496 of 2025

ORDER

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Exise Department appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking to declare the action of respondent No.2 in not directing respondent No.3 to release the petitioner’s vehicle i.e., Auto Rickshaw (2020 Model) bearing Reg No.TS-05-UD-7218 seized in C.O.R.No.326 of 2025, inspite of petitioner’s readiness to furnish third party surety, as being illegal and arbitrary and consequently direct the respondents to release the above said vehicle by accepting the third party surety.

3. Today when the matter has been taken up for hearing, learned Assistant Government Pleader for Exise Department appearing for respondent Nos.1 to 3 placed on record instructions issued by the respondent No.2, wherein it is submitted that on 28.08.2025 at about 6.30 PM, respondent No.3 through Panchanama seized auto rickshaw (2020 Model) bearing No.TS-05- UD-7218, for transport of 20 liters of ID liquor. Thereafter, a case has been registered vide COR No.326 of 2025 dated 28.08.2025 under Section 7(A) read with 8(e) of T.S Prohibition Act, 1995 and the Station House officer, has submitted the confiscation proposals of the seized vehicle along with property to the respondent No.2. It is further submitted that a show cause notice dated

03.09.2025 has been issued and the same was served on the petitioner on

17.09.2025.

4. Learned Assistant Government Pleader for Exise Department further submits that Chemical Examiner Report bearing No.1442 of 2025 dated 20.09.2025, Sl.No.12149, reveals that “the sample contain illicitly distilled liquor unfit for human consumption and injurious to health” and a confiscation orders has been issued to the petitioner vide Cr.No.287/2025/A dated 06.10.2025.

5. Learned Assistant Government Pleader submits that petitioner has remedy to file appeal under Section 46 (C) of Andhra Pradesh Exise Act 1968, and further submits that in similar circumstance this Court in W.P.No.29851 of

2025 dated 26.09.2025, passed the following order:-

“In the light of the above, this writ petition is disposed of granting liberty to the petitioner to prefer an appeal to challenge the said confiscation order and also a petition seeking release of the said vehicle and it is for the appellate authority to consider and dispose of the same."

6. Learned Assistant Government Pleader for Exise Department pray this Court to pass similar orders as passed in W.P.No.29851 of 2025 dated

26.09.2025.

7. Learned counsel for the petitioner did not dispute the same.

8.

Recording the submission made by the learned counsel appearing on either side and in terms of orders passed in W.P.No.29851 of 2025 dated 26.09.2025, this writ petition is disposed of granting liberty to the petitioner to prefer an appeal against the said confiscation order and also a petition seeking release of the said vehicle and it is for the appellate authority to consider and dispose of the same.

9. With the above observation, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 09.10.2025 SU