IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 11236 of 2009 Between: Ch.Srinu S/o Mohanrao Avantipuram,Miryalaguda Nalgonda District ..... PETITIONER AND 1 The Station House Officer Vemulapally Police Station, Vemulapally, Nalgonda District 2 The Commissioner of Prohibition & Excise Andhra Pradesh,Hyderabad 3 The Deputy Commissioner Prohibition &Excise, Nalgonda, Nalgonda District .....RESPONDENTS Counsel for the Petitioner: MS.K.KALPANA Counsel for the Respondents: GP FOR HOME The Court made the following : ORDER: In this Writ Petition, the petitioner sought for a writ of Mandamus to declare the action of the respondents in not releasing vehicle of the petitioner bearing registration No.AP24 U 6527. Heard the learned Counsel for the petitioner and the learned Assistant Government Pleader for Excise for respondent Nos.2 and 3. The auto-rickshaw of the petitioner bearing registration No.AP24 U 6527, which was carrying 10 cartons of 180ml Director Special Whisky, was intercepted by the Excise officials on 13-04-2009 and seized along with the contraband. On the basis of the complaint given in this regard, respondent No.1 registered Crime No.79 of 2009. From the averments in the affidavit and the submission of the learned Assistant Government Pleader for Excise, it is evident that the Crime has not, so far, been transferred to the Excise Department. This is the obvious reason why respondent No.3 has not responded to the petitioner’s application for release of the auto-rickshaw. The petitioner averred that the auto-rickshaw is still in the custody of respondent No.1 and if it is permitted to be in the custody, its condition is bound to deteriorate. As the continued custody of the petitioner’s auto- rickshaw is to no one’s advantage and the petitioner is likely to suffer loss in the event of his ultimate success in the pending proceedings, I find it appropriate to direct its release subject to the petitioner furnishing bank guarantee for its value. Respondent No.1 is directed to place the seized auto-rickshaw in the custody of respondent No.3 within a period of one week from today and respondent No.3 is directed to release the same on his obtaining valuation certificate from the Motor Vehicles Inspector concerned within a period of two weeks from today subject to the petitioner furnishing bank guarantee for its value as assessed by the Motor Vehicles Inspector. The Writ Petition is disposed of accordingly. As a sequel to disposal of the Writ Petition, WPMP.No.14439 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 10th June, 2009 LUR