IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TEN PRESENT: THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.20163 of 2010 Between: Shaik Toufiq ... PETITIONER a n d The Deputy Commissioner for Prohibition and Excise, Nizamabad and another … RESPONDENTS ORDER: This writ petition has been filed by Shaik Toufiq assailing the inaction of the Deputy Commissioner for Prohibition and Excise, Nizamabad – first respondent on the petition filed by him under Section 451 of the Cr.P.C., for release of auto rickshaw bearing No.AP-25-W-3266. 2. The petitioner claims to be the owner of the auto rickshaw bearing No.AP-25-W-3266. The said auto rickshaw came to be seized by the Railway Protection Force on the ground that contraband of 288 bottles of Deshi Daru of 180 Ml was found in the said auto. The Railway Protection Force registered COR No.112/2010 under Section 30 (F) of the A.P. Prohibition Act, 1995 and produced the auto before the Prohibition and Excise Superintendent, Nizamabad. Thereupon, the petitioner filed petition under Section 451 of the Cr.P.C., for release of the auto, pending investigation. There being no action on his petition, he approached this Court invoking jurisdiction of this Court under Article 226 of the Constitution of India. 3. When the writ petition came up for admission, learned Assistant Government Pleader for Prohibition and Excise takes notice on behalf of the respondents. 4. Heard learned counsel appearing for the parties. 5. Since it is stated by the petitioner that his petition filed under Section 451 of the Cr.P.C., is pending before the Deputy Commissioner for Prohibition and Excise, Nizamabad – first respondent for release of auto, I deem it appropriate to direct the first respondent to consider the petition filed by the petitioner and pass appropriate orders within a period of three (3) weeks from the date of receipt of a copy of this order. 6. With the above direction, the writ petition is disposed of. There shall be no order as to costs. ___________________________ B. SESHASAYANA REDDY, J August 16, 2010. Note: Furnish C.C. in three (3) days. B/o.PN THE HON'BLE SRI JUSTICE B. SESHASAYANA REDDY WRIT PETITION No.20163 of 2010 August 16, 2010 Note: Furnish C.C. in three (3) days. B/o.PN