IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 3685 OF 2010 Between: K.Murali Mohan ..... PETITIONER AND Deputy Commissioner of Prohibition and Excise, Kadapa, Kadapa District and another .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 3685 of 2010 O R D E R : This writ petition is filed seeking a declaration that the order passed by the 1st respondent dated 29.08.2007, whereunder interim custody of the vehicle bearing No. AP 29-AB-3820 was given to the petitioner, subject to condition of the petitioner furnishing fixed deposit receipt for Rs.1,00,000/- is arbitrary and illegal. I have heard the learned counsel for the petitioner as well as the learned Government Pleader appearing for the respondents. Since the confiscation proceedings in respect of the vehicle in question are pending, it is not necessary for this Court to express any opinion on merits of the case. So far as the condition imposed by the respondents while giving interim custody, the petitioner contends that the condition to furnish the fixed deposit receipt for Rs.1,00,000/- is onerous. Having regard to the facts and circumstances of the case, I deem it appropriate to modify the impugned order by directing the petitioner to furnish Bank guarantee for a sum of Rs.1,00,000/- instead of fixed deposit. The interim custody of the vehicle in question shall be given to the petitioner on compliance with the above condition. There shall be also a direction to the respondents to conclude the confiscation proceedings following due process of law, as expeditiously as possible preferably within a period of four weeks from the date of receipt of this order. Writ Petition is accordingly disposed of. No costs. _____________ Date: 24.02.2010 G. ROHINI, J. Note: Issue CC in three days (B/o) Ivd