Dismissed a writ petition seeking declaration of illegality regarding detention of a motor cycle. Directed the custodial respondent to dispose of a fresh petition within five days and closed the main petition accordingly.
Writ petition dismissed; respondent No.3 directed to dispose of petition for vehicle release within five days.
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HON’BLE SRI JUSTICE K.SURESH REDDY
WRIT PETITION No. 10738 of 2020
ORDER:
The present writ petition is filed, under Article 226 of the Constitution of India, seeking to declare the action of the respondent Nos.3 and 4, in not releasing motor cycle bearing No.AP 16 DB 0344, as illegal and arbitrary.
It is submitted that the petitioner is the owner of motor cycle bearing No.AP 16 DB 0344. While so, on 18.05.2020, a case in Crime No.164 of 2020 was registered by respondent No.3 on the allegation of transporting liquor bottles illegally from the State of Telangana to the State of Andhra Pradesh. The petitioner further submits that he is not the accused in Crime No.164 of 2020 and, as such, he is seeking release of motor cycle bearing No.AP 16 DB 0344.
On instructions, learned Assistant Government Pleader for Prohibition and Excise informed this Court that motor cycle bearing No.AP 16 DB 0344 was already entrusted to the custody of respondent No.3 on 30.06.2020.
In that view of the matter, the petitioner is permitted to approach respondent No.3 and file a petition for release of the vehicle. On filing of such petition, respondent No.3 is directed to dispose of the same, and pass appropriate orders, in accordance with law, within five days thereafter.
With the above direction, the Writ Petition stands disposed of. No order as to costs.
As a sequel, miscellaneous petitions pending, if any,
shall stand closed.
________________________ K.SURESH REDDY, J
Dt:15.07.2020 Note:CC two days bo usd
1 provisions across 1 enactments
Petitioner
Respondent No.3
Respondent No.4
K.suresh Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
