IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23156 of 2009 Between: R.Srihari ..... PETITIONER(S) AND The Deputy Commissioner of Proh & Excise, Mahaboobnagar Division, at Mahaboobnagar and another. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 23156 of 2009 ORDER : The petitioner is the owner of a mini lorry bearing Regn. No.AP 11 V 7348 and he is eaking out his livelihood by giving the vehicle on hire. On 11-08-2009, the State Task Force of Excise inspected the said vehicle and found certain contraband i.e. toddy being transported in the said vehicle and on the said ground, the said toddy as well as the vehicle were seized by the Task Force of Excise. Thereafter, a case in PCOR No.372/2009-10 was registered under Section 34-A of the A.P. Excise Act, 1968. According to the petitioner, he is nothing to do with the said contraband toddy. He approached the excise officials, particularly, the 1st respondent-Deputy Commissioner of Prohibition and Excise, Mahaboobnagar Division, and filed a representation requesting him to release the vehicle. But, however, no orders have been passed. Aggrieved by the same, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 3. As per law, not only the contraband but also the vehicle in which the contraband being transported are liable for confiscation. But, however, as the petitioner has come forward with an application seeking release of the vehicle, and also offered to furnish bank guarantee, this Court is of the view that the vehicle bearing Regn. No.AP 11V 7348 shall be ordered to be released in favour of the petitioner on furnishing a bank guarantee for a sum of Rs.50,000/- (Rupees fifty thousand only) in favour of the 1st respondent. Therefore, the1st respondent is hereby directed to release the vehicle in favour of the petitioner as and when the said bank guarantee is furnished. Further, the petitioner shall give an undertaking that he will not alienate the said property and he produce the vehicle as and when required during the course of confiscation proceedings. 4. With the aforesaid directions, the writ petition is disposed of, at the stage of admission. There shall be no order as to costs. _____________ October 28, 2009 Note: Issue C.C. in one week. B/o. kvr