HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1783 of 2008 Dated 1st February, 2008 Between Kaleem Pasha …Petitioner and The Deputy Commisjsioner of Proh & Excise, Warangal, Warangal district, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 1783 of 2008 ORDER: Heard the learned Counsel for the petitioner and the learned Government Pleader appearing for the respondents. In this Writ Petition, the petitioner seeks Writ of Mandamus to declare the action of the respondents in not releasing the Auto- rickshaw bearing Registration No. AP. 20W.9158, pending confiscation proceedings in PR.No. 542/07-08, dated 28-12-2008 as illegal and arbitrary. In the affidavit filed in support of the Writ Petition it is stated that the petitioner is the owner of the Auto-rickshaw bearing Registration No. AP.20W.9158 and he had purchased the same by obtaining financial assistance from M/s. Vinayaka Finance of Yellandu, Khammam district. It is stated that the said vehicle was given on hire to one Sri Potharla Raju on 28-12-2007 and on the said date, the said vehicle was intercepted and seized by the excise officials on the ground that a woman passenger traveling in the said auto was found carrying gunny bag containing 100 packets of raw liquor. Alleging unauthorized transportation of liquor, the said vehicle was seized and confiscation proceedings are initiated. It is the case of the petitioner that he himself and said Potharla Raju, who hired the said vehicle, were not having knowledge of transportation of raw liquor by the woman passenger. It is their further case that the respondents themselves found the woman passenger was carrying the raw liquor in a closed gunny bag and the said Sri Potharla Raju, did not have any scope to suspect the transportation of liquor by the woman passenger. It is submitted that the petitioner has purchased the said vehicle by taking financial assistance from a private financial agency and if the said vehicle is not released, he will be put to irreparable loss. It is further submitted that in spite of making application on 18-1-2008 for release of the said vehicle, no orders have been passed by the respondents. A copy of the seizure panhanama is filed. In the said Panchanama, it is stated that the said vehicle was intercepted at Rompedu Forest Check Post and a woman passenger was found to be carrying 100 packets of raw liquor in the closed gunny bag. It is the case of the petitioner that he himself and said Potharla Raju were not having knowledge of the transport of the said liquor. Whether the petitioner is having knowledge of transport of liquor or not is a matter which is required to be considered by the first respondent while passing final orders. But, as of now, as it is stated that the said vehicle was purchased by the petitioner by taking financial assistance from private financial agency and he is repaying the loan in instalments, and, no orders have been passed by the first respondent in spite of the application of the petitioner dated 18-1-2008 and also taking into consideration the nature of the allegation that woman passenger was carrying liquor in a closed gunny bag, I dispose of the Writ Petition directing the respondents to release the said vehicle subject to condition of the petitioner furnishing bank guarantee for an amount of Rs.10,000/- before the first respondent and further giving an undertaking that he will not alienate, transfer, encumber or create any third party interest over the vehicle in question till the final orders are passed by the first respondent in the confiscation proceedings. Subject to the above direction, the Writ Petition is disposed of at the admission stage. No order as to costs. ---------------------------------- JUSTICE R. SUBHASH REDDY DATE: 01-02-2008 CC by tomorrow (BO) Msnr.