IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 7673 of 2009 Between: S. Karimulla S/o. Dousaab R/o. 21/196A Hydar Khan Street, Proddatur, Kadapa District. ..... PETITIONER AND The Sub Inspector of Police, Kamalapuram, Kadapa District. .....RESPONDENT Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in seizing the petitioner vehicle TATA Sumo bearing AP 02 U 7123 on 5.4.2009 in Crime No.52/2009 on the file of the respondent under Section 34 a of A.P. Excise Act, 1968 though no offence is committed even by the accused as illegal, unjust, arbitrary, highhanded, discriminative and against rule 3 of Andhra Pradesh Excise (Transportation of Maximum Quantity of Intoxicants ) Rules, 1972 and consequently direct the respondent to release the Vehicle TATA Sumo bearing AP 02 U 7123 involved in Crime No.52/2009 on the file of Sub-Inspector of Police, Kamalapuram to the petitioner pass Counsel for the Petitioner:MR.L.J.VEERA REDDY Counsel for the Respondent No.: GP FOR HOME The Court made the following : THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 7673 of 2009 Oral order: Aggrieved by the action of the respondent in seizing the vehicle TATA Sumo bearing registration No. AP 02-U 7123 on 05.04.2009 in Crime No. 52 of 2009 registered under Section 34 of the A.P. Excise Act, 1968, the petitioner filed the present writ petition. The learned counsel for the petitioner submits that the petitioner is not involved in any crime, and that to harass him, the respondents have seized his vehicle alleging that it has been used in the commission of offence under Section 34 of the A.P. Excise Act, 1968 and kept them in their custody, which is illegal and arbitrary. The learned Government Pleader for Home on instructions submitted that the vehicle of the petitioner was used in the commission of offence under Section 34 of the A.P. Excise Act, 1968, and therefore the respondent having registered a crime in Crime No. 52 of 2009, seized the vehicle and produced the same before the Judicial Magistrate of First Class, Kamalapuram, Kadapa District. Inasmuch as the respondent has produced the vehicle of the petitioner before the Judicial Magistrate of First Class, Kamalapuram, Kadapa District, the only direction that can be given is to direct the petitioner to approach the Judicial Magistrate of First Class, Kamalapuram, Kadapa District, by making appropriate application seeking release of the vehicle in his favour, and if any such application is filed, the Judicial Magistrate of First Class, Kamalapuram, Kadapa District, shall consider the same and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 21st April, 2009 KSR