IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.6728 of 1998 Between: N.Ravikumar, S/o. Arjun. R/o 4-5-70, Akkachellemma, Nalgonda District. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Government of A.P., Nampally, Hyderabad. 2 The Deputy Commissioner, Prohibition and Excise, Nizamabad Division. Nizamabad. 3 The S.H.O., Prohibition and Excise, Sangareddy, Medak District. .....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 may be pleased to issue order or orders or writ more particularly one in the nature of writ of Mandamus declaring the action of the 1st and 2nd respondents in refusing the release of the Petitioner vehicles bearing No.AP.24-C-5856 Ambassador Car 1971 Model by orders vide Cr.No.3756/DPE/97/B2 dated 08/12/1997 and 28/06/1997 as illegal and arbitrary and consequentially direct the respondents to release of the Ambassador car bearing No. AP-24-C-5856 of the petitioner pending crime No.52/96-97 dated 27/10/1996 on the file of the 3rd respondent forthwith and to pass such other order or orders. Counsel for the Petitioner:MR.M.L.ALI Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE MR JUSTICE V.ESWARAIAH and THE HON'BLE MR JUSTICE P.SWAROOP REDDY WRIT PETITION No.6728 of 1998 ORDER: (per the Hon’ble Sri Justice V. Eswaraiah) The petitioner is the owner of Ambassador Car bearing No. AP-24-C-5856 and the said vehicle was seized by the 3rd respondent on 27-10-1996 in Cr.No.52/96-97 on the ground that the same was found transporting liquor bottles without any permit. Accordingly, the confiscation proceedings have been initiated by the Deputy Commissioner of Prohibition and Excise, Nizamabad-2nd respondent. Pending disposal of the confiscation proceedings, the petitioner filed an application for grant of interim custody of the said vehicle and the said application was dismissed by the 2nd respondent vide proceedings No.B5/2950/96, dated 28-06-1997 on the ground that the said vehicle has been used for smuggling huge quantity of Indian made Liquor for commercial purpose by violating the prohibition laws. Aggrieved by the said order, the petitioner filed an appeal before the Commissioner of Prohibition and Excise, Hyderabad-1st respondent and the 1st respondent vide proceedings in CR.No.3756/DPE/97/B2, dated 08-12-1997, dismissed the appeal upholding the order of the 2nd respondent. Hence, the present writ petition. This court vide order, dated 17-03-1998, directed that the vehicle in question shall be released on condition of the petitioner furnishing bank guarantee for the value of the vehicle as assessed by the Motor Vehicle Inspector of the area concerned. As the confiscation proceedings are still pending before the 2nd respondent, we are of the opinion that it is just and proper to direct the 2nd respondent to finalise the confiscation proceedings, if not already finalized. Accordingly, the writ petition is disposed of directing the 2nd respondent to finalise the confiscation proceedings, if not already finalized. Pending disposal of the confiscation proceedings, the interim order granted by this court on 17-03-1998 shall continue. There shall be no order as to costs. ________________ V.ESWARAIAH, J _____________________ P.SWAROOP REDDY, J Date: 29-06-2009 Prv