IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TEN THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.24994 of 2010 Between: Preethpal Singh ……PETITIONER(S) and The Station House Officer, Market Police Station, Secunderabad and another ……RESPONDENT(S) THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.24994 of 2010 ORDER: Heard Sri Y.Raveendra Kumar, learned counsel for the petitioner, and the learned Government Pleader for Home and Prohibition and Excise. At their request, the Writ Petition is being taken up for disposal at the stage of admission. The case of the petitioner is that 1st respondent falsely implicated him in Crime No.108 of 2010 dated 16.06.2010 registered for the offence punishable under Section 34(a) of the A.P. Excise Act and in that connection seized his Maroon colour Honda Activa vehicle bearing No.AP-10-AT-8722 alleging that he and another were found in possession of two cartons of beer/liquor bottles. Further, he filed an application before the 2nd respondent on 30.09.2010 requesting release of the said vehicle, but the 2nd respondent did not release the said vehicle so far. In this Writ Petition, he seeks a direction to the respondents to release his Honda Activa vehicle. The learned Government Pleader for Home, as per the written instructions from the 1st respondent, submits that, after completion of investigation in the above crime, charge sheet was filed, the same was numbered and taken on file as C.C.No.935 of 2010 on the file of the X Additional Chief Metropolitan Magistrate at Secunderabad and the same is pending trial. With regard to the property seized, it is stated that he deposited the same before the Deputy Commissioner of Prohibition & Excise, Hyderabad, through letter No.Cr.No.108/Inspr-MKT/2010 dated 03.09.2010 who in turn directed him to keep the same under his safe custody and that he is not the competent authority to release the vehicle of the petitioner. Once the property seized is produced before the Court and charge sheet is filed, the petitioner is at liberty to move an application for release of the same either under Section 451 of Cr.P.C. or under Section 457 of Cr.P.C. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. __________________ N.V. RAMANA, J. 06th October 2010 CVRK