Allowed

H. Dharmendra v. The State of Andhra Pradesh

Andhra Pradesh HC9 Dec 2020WP/22396/2020

Case brief

AI extract

What is this about?

In this petition under Article 226, the Court modified a police condition requiring a fixed deposit for vehicle release. Relying on a prior order in W.P.No.14783 of 2020, the petitioner was directed to furnish immovable property worth the vehicle's value as security.

What did the court decide?

Petitioner directed to furnish immovable property worth the value of the seized vehicle as security for its release.

H. Dharmendra Vs The State of… — Constitutional and Fundamental Rights | Andhra Pradesh HC (2020)

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HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY Writ Petition No.22396 of 2020

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Order :

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Aggrieved by the condition imposed by the Superintendent of Police, Anantapuramu, in his order dated 26-8-2020, to furnish Fixed Deposit Receipt for the value of the vehicle as certified by the Motor Vehicle Inspector for the vehicle that was seized in connection with Crime No.210/2020 of Kundurpi Police Station, Anantapuramu District, to release the seized vehicle, this writ petition under Article 226 of the Constitution of India is filed by the petitioner.

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Heard learned counsel for the petitioner and learned Government Pleader for Home appearing for the respondents.

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A case in Crime No.210/2020 was registered by Kundurpi Police, Anantapuramu District, for the offence punishable under Section 3(b) read with Section 4 of GUR and under Section 34(e) of the A.P. Excise Act. Incidentally, police have seized Ashok Leyland Goods Vehicle bearing Registration No.KA16D-3354 in connection with the said crime. The petitioner, who is accused No.1 in the said crime, who is claiming to be the owner of the vehicle, filed a petition before the Superintendent of Police, Anantapuramu, seeking interim custody of the said vehicle. The said petition was allowed on condition that the petitioner shall furnish a Fixed Deposit Receipt for the value of the seized vehicle for release of the vehicle.

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Aggrieved by the said condition, the present writ petition is filed seeking modification of the same.

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At the time of hearing of this writ petition, both the learned counsel for the petitioner and the learned Government Pleader for Home would submit that this is a covered matter and when similar condition was imposed for release of the vehicles and the same was questioned before this Court in W.P.No.14783 of 2020, this Court allowed the said writ petitions on 08-9-2020, and modified the condition permitting the petitioners therein to furnish immovable property as security for release of the vehicles. Therefore, they would submit that the petitioner herein is also entitled to the similar order.

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Therefore, in view of the aforesaid order of this Court in W.P.No.14783 of 2020, dated 08-9-2020, this writ petition is allowed. The above condition is accordingly modified and the petitioner herein is directed to furnish his or third party immovable property worth the value of the vehicle that was seized, as security for release of the said vehicle. The said security relating to the immovable property shall be in conformity with the Stamps and Registration Act. Pending applications, if any, shall stand closed. No costs.

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_________________________________________ CHEEKATI MANAVENDRANATH ROY, J. 09^th December, 2020. Ak

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HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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Writ Petition No.22396 of 2020

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09^th December, 2020. (Ak)

H. Dharmendra v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

H. Dharmendra v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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