THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11438 of 2007 Between: G.Shiavaji. .. PETITIONER and The Commissioner of Police and others. .. RESPONDENTS THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11438 of 2007 ORDER: It is the case of the petitioner that he is the owner of the vehicle bearing No.AP-26-W-6569 and the said vehicle has been seized and detained in Cr.No.13 of 2007-08 of Prohibition and Excise Station, Nandigama, Krishna District, on the allegation that the said vehicle was found transporting 150 litres of I.D.Liquor. The Station House Officer, Prohibition and Excise Station, Nandigama, produced the said vehicle before the Deputy Commissioner of Prohibition and Excise, Vijayawada, alleging that the said property has been involved in violation of Section 8(e) read with Section 7(A) of A.P. Prohibition Act and accordingly requested to initiate proceedings under Section 13-A of A.P. Prohibition Act for confiscation of the vehicle. Pursuant to the said confiscation proposals of the Station House Officer, Prohibition and Excise Station, Nandigama, dated 24-04-2007, the confiscation proceedings have been initiated. Immediately, after seizure of the vehicle, the petitioner made a representation for interim custody of the vehicle. The Deputy Commissioner of Prohibition and Excise, Vijayawada, passed an order for interim custody of the said vehicle in favour of the petitioner, pending finalisation of the confiscation proceedings, subject to submission of the following documents:- “1. A Bank guarantee F.D.R. in favour of the Deputy Commissioner of Prohibition and Excise for a period of five years for full value of the vehicle as assessed by M.V.I., concerned. 2. An affidavit of Non-Judicial stamp paper worth Rs.10/- stating that the vehicle was not involved in any Excise crime earlier. 3. An undertaking on Non-Judicial stamp paper worth Rs.100/- to the effect that the vehicle will not be sold out, alienated or part within any manner and it will be produced before the authority in the present condition as and when called for etc., in usual proforma.” Apart from that, the petitioner was also directed to produce the vehicle at Nandigama Prohibition and Excise Station once in a month or as directed by the Departmental official whenever required. Aggrieved by the said order, this writ petition has been filed contending that the value of the vehicle in question is about Rs.5,00,000/- as assessed by the Motor Vehicle Inspector and it is not possible to give bank guarantee for the total value of the vehicle and in fact, this court in W.P.No.10172 of 2007, dated 16-05-2007, directed to release the vehicle on furnishing bank guarantee for Rs.1,00,000/- only even though the value of the vehicle in the said writ petition was Rs.10,00,000/-. Accordingly, the petitioner seeks to modify condition No.1 imposed by the Deputy Commissioner of Prohibition and Excise, Vijayawada, directing to release the vehicle on furnishing bank guarantee for Rs.1,00,000/- only. I am of the opinion that condition No.1 imposed by the Deputy Commissioner of Prohibition and Excise, Vijayawada, for release of the vehicle on furnishing bank guarantee for the full value of the vehicle is onerous and as good as not releasing the vehicle in question. Pending confiscation proceedings, there should be sufficient security or guarantee with the respondents for the value of the vehicle. Having regard to the facts and circumstances of the case, the Deputy Commissioner of Prohibition and Excise, Viajayawada, is directed to release the vehicle, pending disposal of the confiscation proceedings, subject to fulfillment of the following conditions:- 1. The petitioner shall furnish bank guarantee in favour of the Deputy Commissioner of Prohibition and Excise for half of the value of the vehicle as assessed by the Motor Vehicle Inspector concerned and the said bank guarantee shall be in existence for a period of two months even after disposal of the confiscation proceedings. 2. The petitioner shall file an undertaking on a Non-Judicial stamp paper worth Rs.100/- to the effect that the vehicle belongs to his own, that the same will not be alienated or altered in any manner, that the same shall be maintained without diminishing its value and it shall be produced before the Prohibition and Excise Inspector, Nandigama, Krishna District on first Monday of each month and after inspecting the same, the petitioner shall be allowed to take away the vehicle on the same day. Accordingly, the writ petition is disposed of. There shall be no order as to costs. ___________ 07-06-2007 Note: Issue C.C. by tomorrow. (B/o) Prv