IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF AUGUST TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 17060 of 2009 Between: Uppula Veeraswamy S/o. Narsaiah Ro. Elguru Rangampet, Sangem Mandal, Warangal District. ..... PETITIONER AND 1 Deputy Commissioner Prohibition and Excise, Warangal dist. 2 Inspector of Police Sangem Polic Station, Warangal 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 an order or order direction more particularly one in the nature of Writ of Mandamus declaring that the action of the respondents in seizing the auto bearing No. AP-36ac-22620 s highly arbitrary bad and illegal and consequently direct the respondents to release the auto bearing No. AP-36 AC-2620 seized by the second respondent on 13.05.2009 in CR.No. 93/2009 of Sangem police Station, Warangal District in favour of the petitioner and pass Counsel for the Petitioner :MR.P.PRABHAKAR REDDY Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No. 17060 of 2009 ORDER: This Writ Petition is filed by the petitioner under Article 226 of the Constitution of India seeking a writ of Mandamus to declare that the action of the respondents in seizing the motor cycle bearing No.AP 36 AC 2620 is arbitrary and illegal and consequently to direct the respondents to release the said motor cycle. 2. When the petitioner was going on his motor cycle bearing No.AP- 36 AC 2620 from Banjaraupalli to Eluguru Rangampet Village on 13.05.2009 the Excise officials intercepted and inspected the said motor vehicle and found I.D. Liquor in his possession. Pursuant there to, a case in Cr.No.93 of 2009 was registered. Thereafter, the petitioner approached the Excise officials and filed an application seeking release of the said vehicle. However, as no action has been initiated, petitioner approached this Court and filed the present writ petition. 3. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Prohibition and Excise. 4. As the allegation against the petitioner is that he is in possession of 57 Liters of I.D. Liquor, this Court is of the view that the vehicle seized on 13.05.2009 can be ordered to be released on a condition of petitioner furnishing a bank guarantee to a tune of Rs.10,000/- to the 2nd respondent. Accordingly, the writ petition is disposed of with a direction to the 2nd respondent to release the motor cycle bearing No.AP 36 AC 2620 on condition of petitioner furnishing bank guarantee to a tune of Rs.10,000/-(Rupees ten thousand only) to the satisfaction of the 2nd respondent. This order will not come in the way of completing the enquiry and initiate necessary criminal proceedings if required. _______________________________ GOPALA KRISHNA TAMADA, J Note: Issue C.C in two days 21st August, 2009 MD/KSH