THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27219 of 2009 DATE:14.12.2009 Between: N. Srinivas ... Petitioner and The Commissioner of Prohibition and Excise, A.P., Hyderabad and others ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27219 of 2009 ORDER: According to the petitioner, he is the registered owner of an auto bearing No.AP 1W 3598 and eking out his livelihood by hiring the same and he engaged a driver to ply the same. While so, on 12.05.2009 a woman boarded the auto to go to Bellampalli and when the auto reached Bellampalli X roads, the 3rd respondent intercepted it and having found 40 litres of I.D. liquor belonged to her, seized the same and also the auto and registered a case in Crime No.134 of 2009 under Section 7(a) r/w Section 8(e) of the A.P. Prohibition Act, 1995. Though he is in no way concerned either with the 1st accused or with the alleged contraband, the 3rd respondent shown him as 2nd accused in the crime. Subsequently, the 2nd respondent issued a show cause notice in Crime No.510/2009/P& Ex/A2 dated 16.07.2009 calling upon him to submit explanation. Pursuant thereto, he submitted explanation on 27.07.2009. Without considering the same, the 2nd respondent issued proceedings in Cr.No.510/2009/P&Ex/A2 dated 16.09.2009 ordering confiscation of the auto. Questioning the same, he filed an appeal before the 1st respondent along with an application seeking release of the auto. Without considering the appeal properly, the 1st respondent dismissed the appeal, while confirming the orders passed by the 2nd respondent, by an order dated 03.11.2009. Being aggrieved by the same, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner as well as the learned Government Pleader for Prohibition and Excise. 3. Apparently, the petitioner is the owner of the auto bearing No. AP 1W 3598 and the person, who was driving the auto at the relevant point of time, is its driver. If ultimately it is found that the I.D. liquor seized was transported illegally, the I.D. liquor and also the auto are liable for confiscation. But, as it is the contention of the learned counsel for the petitioner that the petitioner is eking out his livelihood by hiring the auto and as the auto is exposed to atomospheric calamities and it is kept idle, there is every possibility that the auto will get damaged, this Court is of the view that the auto can be ordered to be released in favour of the petitioner. 4. Accordingly, this writ petition is disposed of and the auto bearing No. AP 1W 3598 is ordered to be released in favour of the petitioner, on condition of his furnishing third party security to the satisfaction of the 2nd respondent herein and giving an undertaking that he will not alienate the auto, change its physical features and produce the same, as and when required, during pendency of the Crime No.134 of 2009. No costs. _____________________________ GOPALA KRISHNA TAMADA, J 14th December, 2009 CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.27219 of 2009 (Disposed of) 14th December, 2009 CBS