THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25215 of 2009 DATE:20.11.2009 Between: R. Eswaraiah .... Petitioner and The Deputy Commissioner of Prohibition and Excise, Kadapa, and another .... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25215 of 2009 ORDER: The petitioner is owner of a Hero Honda Passion PRO Motor Cycle Chasis bearing No.MBLH10EP9GH03644 (yet to be registered). On 29.08.2009 while he was transporting 10 litres of I.D. liquor through the said motor cycle, the Prohibition and Excise Inspector, Kadapa - 2nd respondent stopped the motor cycle and seized the liquor and also the motor cycle and registered a case in Crime No.107/09-10 for the offence under Section 7(A) r/w 8(e) of the A.P.P.Act, 1995. Subsequently, the petitioner approached the Deputy Commissioner of Prohibition and Excise, Kadapa - 1st respondent and submitted an application seeking interim custody of the motor cycle, but the 1st respondent refused to release the motor cycle in favour of the petitioner stating that he may be convicted for the alleged offence, by proceedings in Rc.No.145/2009/A2, dated 28.10.2009. Being aggrieved by the same, the petitioner 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. It is true that if ultimately the case against the petitioner is proved, the I.D. liquor and the motor cycle seized on 29.08.2009 are liable for confiscation. But however, as the petitioner is willing to furnish third party security for release of the motor cycle, this Court is of the view that the motor cycle can be ordered to be released in his favour, on condition of his furnishing third party security, and giving an undertaking, before the 1st respondent, that he will not alienate the motor cycle and change its physical features and produce the same, as and when required, during the pendency of the Crime No.107/09- 10. 4. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 20th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25215 of 2009 (Disposed of) 20th November, 2009 Note: Furnish C.C. by two days. (b/o) CBS