THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.4732 OF 2010 Dated 2nd March, 2010 Between: V.Chowda Reddy …Petitioner And The Deputy Commissioner of Prohibition And Excise and another …Respondents Counsel for the petitioner : Sri M.R.Mohammad Irfan Counsel for the respondents: AGP for Prohibition & Excise The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside proceedings dated 29.01.2010 issued by respondent No.1, whereby the petitioner’s application for release of his motor cycle bearing No.KA 02-HC 8373 has been rejected. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition and Excise. The petitioner is the owner of Hero Honda Passion Plus bearing the abovementioned registration number. The said vehicle was seized along with 48 nips of Super Jack Classic Whisky, which was non-duty paid liquor, while the same was being transported by one person by name S.Venkatamanappa, through the vehicle in question. The petitioner applied to respondent No.1 for release of the vehicle. By the impugned order, the said application was rejected. Admittedly, enquiry under Section 46 of the Andhra Pradesh Excise Act, 1968 is pending before respondent No.1. As evidently completion of enquiry is likely to take sometime, in my opinion, no purpose will be served by keeping the vehicle under continued seizure. Therefore, in the interest of justice, the respondents are directed to release the vehicle to the petitioner subject to the latter furnishing bank guarantee for the present market value of the vehicle in favour of respondent No.1. The petitioner shall not alienate or transfer the vehicle in question pending completion of enquiry and passing final order and he shall produce the vehicle as and when the same is required by the respondents in connection with the pending enquiry. The writ petition is, accordingly, disposed of. As a sequel to disposal of main petition, WPMP No.6093 of 2010 filed for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY, J Dated 2nd March, 2010 Note: Issue C.C. in two days vrn