IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTH DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 25277 of 2009 Between: Kothakapu Sivananda Reddy, S/o Kothakapu Hanmanth Reddy, aged about 42 years, Occu: Agriculture, R/o Pinyam Cherla, Athmakur Mandal, Mahabubnagar District. ..... PETITIONER AND 1. The Excise Superintendent, Mahabubnagar, Mahabubnagar District and another. .....RESPONDENTS THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25277 of 2009 ORDER: This writ petition is filed seeking a Writ of Mandamus declaring the action of the respondents in seizing the petitioner’s New Hero Honda Splender NXG Motor Cycle No.A.P.22 P 0103 in connection with Crime No.53 of 2009 dated 13.04.2009, as being illegal and arbitrary and consequently sought for a direction to the respondents to release the said Motor cycle in favor of the petitioner. The vehicle in question belonging to the petitioner was seized on 13.04.2009 at 9 P.M. by the 2nd respondent on the ground that he was carrying 19 I.B. Whisky quarter bottles without any valid licence or permit and accordingly a case in Crime No.53 of 2009 for the offences under Sections 171 (E) of I.P.C. and 34 (a) of A.P. Excise Act was registered against the petitioner. Heard both sides. Having regard to the facts and circumstances of the case, without going into the merits of the case, I consider it appropriate to dispose of this writ petition with a direction to the respondents to release the vehicle in question in favour of the petitioner on condition of the petitioner furnishing third party security to the value to be assessed by the concerned Motor Vehicle Inspector, to the satisfaction of the 1st respondent. The petitioner shall furnish an undertaking to the effect that he would not alienate, sell, encumber, change the identity or transfer the vehicle in question in favour of third parties during the pendency of the said crime and he shall produce the vehicle as and when required by the authorities in connection with the said crime. The Writ Petition is accordingly disposed of. No costs. ___________________________ (GOPALA KRISHNA TAMADA, J) 04-12-2009 Gsn.