IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 9350 of 2004 Between: Mothukur Deva Goud, S/o. of Raja Goud, R/o.NGO's Colony, Nizamabad, (Owner of the Vehicle bearing No. AP 25T 5828) ..... PETITIONER AND 1 The Deputy Commissioner, Prohibition and Excise, Nizamabad. 2 The Station House Officer, P.S. Nizamabad. 3 The S.I. of Police, P.S. Nizamabad. .....RESPONDENT(S) 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 any appropriate Writ, order or direction more in the nature of Writ of Mandamus directing the Respondents 2 and 3 herein to produce the Vehicle bearing AP 25T 5828 which was seized on 19-4-2004 at Mubakaraknagar Village, infront of RBRR School alleging the offence under section 34(a) of A.P. Excise Act/r/w Section 171(e) of IPC in Cr.No. 81 of 2004 and also direct the 1st respondent to entertain the application of the petitioner for release of the vehicle by way of interim custody pending disposal of the enquiry which may be conducted under section 46 of the A.P. Excise Act 1968 by duly declaring the action on the part of the Respondents 2 and 3 herein in not taking appropriate steps in accordance with the A.P. Excise Act 1968 to enable the petitioner to seek appropriate steps in accordance with the A.P. Excise Act 1968 to enable the petitioner to seek appropriate orders for release of the vehicle pending disposal of the enquiry under Section 46 A.P. Excise Act by 1st respondent and pass Counsel for the Petitioner:MR.V.RAVI KIRAN RAO Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following : ORDER: The matter relates to giving interim custody of the vehicle pending disposal of the confiscation proceedings of the enquiry under Section 46 of the A.P. Excise Act. Admittedly, confiscation proceedings are pending before the Deputy Commissioner of Prohibition and Excise in CR No.B7/781/2004 in which a show cause notice dated 11.06.2004 was issued to the petitioner as to why the vehicle of the petitioner TATA Van 407 bearing No.AP-25-T-5828 along with the seized goods shall not be confiscated. The application filed by the petitioner for giving interim custody of the said vehicle before the criminal Court was rightly dismissed on the ground that it has no jurisdiction to deal with the property involved in the excise offences. It is stated that as per the orders of this Court, interim custody of the said vehicle was given in favour of the petitioner on furnishing bank guarantee on 05.08.2004. In view of the aforesaid facts and circumstances of the case, the writ petition is disposed of directing the first respondent to complete the confiscation proceedings as expeditiously as possible after giving reasonable opportunity to the petitioner, if not already completed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:31.03.2008 Ccm To 1. 2 ccs 2. 2 CDs.