THE HONOURABLE SRI JUSTICE V. ESWARAIAH WP.NO. 10060 of 2009. O R D E R : The case of the petitioner is that he is the registered owner for the Auto bearing Regdn.No. AP-28-Y-1588 and the said vehicle was seized on 14-3-2009 vide FIR.No.23/2009 for the offence under section 34 (a) of A.P. Excise Act, 1968 on the ground that the vehicle was found carrying 10 cottons of knockout beer and 15 cottons of Royal Challenger Beers and one Shand Sipar Beer cotton. The same is kept in safe custody in Doma Police Station. 2. It is stated that the said vehicle is also produced before Judicial Magistrate of First Class, Pargi. 3. The seizure of the vehicle for an Excise offence, the criminal court is nothing to do with either for confiscation or for release of the vehicle but it is the concerned Deputy Commissioner of Prohibition and Excise is the competent authority to confiscate or release the vehicle. Therefore, the confiscation proceedings have to be initiated before the concerned Deputy Commissioner of Prohibition and Excise. The petitioner should have filed an application before the concerned Deputy Commissioner of Prohibition and Excise. 3. Having regard to the facts and circumstances, the writ petition is disposed of directing the respondent to initiate confiscation proceedings before the concerned Deputy Commissioner of Prohibition and Excise and pending disposal of such confiscation proceedings, the Auto bearing Regdn.No. A P-28-Y-1588 may be released in favour of the petitioner on furnishing bank guarantee for the 50% value of the said vehicle, as assessed by the Motor Vehicle Inspector, to the satisfaction of the concerned Deputy Commissioner of Prohibition and Excise, pending disposal of the confiscation proceedings. 4. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ______________________ JUSTICE V. ESHWARAIAH. 13-5-2009. I s L