IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTEENTH DAY OF MAY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10046 of 2009 Between: Shaik Jamal S/o.Chinna Saheb R/o.4-36, Gandasiri village,Mudugonda Mandal Khammam District ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep. by its Secretary Department of Prohibition and Excise, Secretariat, Hyderabad. 2 The Commissioner of Prohibition & Excise, Andhra Pradesh, Hyderabad 3 The Deputy Commissioner ,Prohibition & Excise Warangal, Warangal District 4 The Station House officer, Police station, Khammam Rural , Khammam District. .....RESPONDENTS 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 issue a writ of mandamus or any other appropriate writ order or direction declaring the impugned action of the Respondents particularly the 4th respondent in not disposing the representation of the petitioner dated 2.5.2009 seeking interim custody of his vehicle Tata Ace bearing No. AP-20X-9103 seized in respect of crime No.105/2009 on the file of the 4th respondent and grant such other relief or reliefs as this Hon`ble court may deem fit and proper in the circumstances of the case Counsel for the Petitioner: MR.N.V.ANANTHA KRISHNA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 10046 of 2009 O R D E R : The case of the petitioner is that the petitioner is the owner of the vehicle TATA ACE bearing Regdn.No. A P – 20-X 9103 and the said vehicle was seized by the fourth respondent in connection with Cr.No.195/2009 dated 26-4-2009 on the ground that on 26-4-2009 the vehicle was found transporting 60 beer bottles and that the petitioner has contravened the provisions of section 34 (a) of the A.P. Excise Act, 1968. 2. Admittedly, the third respondent is the authority to deal with the confiscation or release of the said vehicle. 3. Having regard to the facts and circumstances of the case, as the consequential proceedings are liable to be initiated before the third respondent, the writ petition is disposed of directing the respondent Nos. 3 and 4 to release the vehicle TATA ACE bearing Regdn. No. A P – 20-X 9103, subject to the condition of the petitioner furnishing bank guarantee for the value of the said vehicle, as assessed by the Motor Vehicle Inspector, to the satisfaction of the third respondent, pending disposal of the consequential proceedings. 4. With the above direction, the writ petition is disposed of at the stage of admission. No costs. ____________________ JUSTICE V.ESWARAIAH. 13-05-2009. I s L