SHAIK ANWAR BASHA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-2020-9-31
HIGH COURT OF ANDHRA PRADESH
Decided on September 08,2020

SHAIK ANWAR BASHA Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents


Referred Judgements :-

P SWARUPA AND VS. STATE OF ANDHRA PRADESH [REFERRED TO]


JUDGEMENT

- (1.)This writ petition is filed under Article 226 of the Constitution of India, questioning the direction issued by the third respondent/Superintendent of Police, Kurnool, vide proceedings Rc.No.35/2020 dated 11.08.2020 demanding this petitioner to deposit Fixed Deposit Receipt (FDR) for an amount of Rs.13,00,000/- taken in the name of the third respondent to release the seized vehicle bearing No.AP 21 TZ 8829 and declare the same as illegal, arbitrary and consequently, direct the third respondent to release the seized vehicle without insisting any security.
(2.)The petitioner is the owner of the lorry bearing No.AP 21 TZ 8829. On 11.07.2016, the petitioner purchased the lorry by taking loan from Sriram Transport Finance Company Limited. He hired one lorry driver by name Ediga Ramesh and a cleaner one Nagipogu Venkata Swamy for maintaining the vehicle and for transporting the goods from one place to another place. While the matter stood thus, on 08.06.2020 at 6:30 a.m, while the driver and cleaner were carrying iron rods in lorry from Medchal to Nandyal, the fourth respondent/Station House Officer, Nandyal Taluk Police Station intercepted the vehicle and on inspection, found MacDowell 1/2 bottle (375 ML), Two bottles of Imperial Blue and two bottles of Mansion House in a black plastic cover. Immediately, the fourth respondent seized the vehicle along with the bottles and without affording any opportunity to the driver and cleaner of the vehicle to explain the same. On the basis of police proceedings, registered a case in Crime No.431 of 2020 on 08.06.2020 for the offences punishable under Section 34A of Andhra Pradesh Excise Act (for short 'Excise Act'), 1968 and Section 8(b)(1) of Andhra Pradesh Prohibition Act, 1995 (for short 'Prohibition Act') and issued F.I.R.
(3.)It is further contended that the police proceedings dated 08.06.2020 and the F.I.R. are frivolous and contrary to the principles of natural justice. Seizure of the vehicle under police proceedings is a serious illegality. However, the petitioner filed W.P.No.10462 of 2020 before this Court for issue of direction to the third respondent to release the vehicle bearing No.AP 21 TZ 8829 in Crime No.431 of 2020 of Nandyal Taluq Police Station. W.P.No.10462 of 2020 was disposed of directing the petitioner to approach the statutory authority in terms of the law as it exists and seek release of the vehicle, and the statutory authority shall, within seven days, deal with the matter by passing a speaking order from the date of receipt of the order. On receipt of the order, the third respondent issued notice to the petitioner vide proceedings in Rc.No.35/2020 dated 11.08.2020 insisting the petitioner to produce various documents furnishing bank guarantee by deposit of F.D.R worth Rs.13,00,000/- drawn on any nationalized bank i favour of the third respondent. It is contended that the value of the seized vehicle is only Rs.10,00,000/- as on date and the stock seized from the vehicle is worth Rs.8,850/-, thereby, insisting the petitioner to furnish security for Rs.13,00,000/- for deposit of FDR with the third respondent is unjust and illegal. It is further contended that the petitioner obtained loan from Sriram Finance Private Limited and the petitioner has to discharge monthly instalments of loan by running the vehicle while carrying on transport business. On account of seizure of the vehicle, it is lying in the custody of the police and the petitioner is struggling to eke-out his livelihood, besides failure to pay the loan dues to the finance company. Hence, the petitioner requested this Court to setaside the condition to deposit the FDR worth Rs.13,00,000/- drawn on any nationalized bank with the third respondent as illegal, arbitrary and consequently direct the third respondent to release the vehicle as interim custody.


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