Allowed

B.Anil v. The State of Andhra Pradesh

Andhra Pradesh HC9 Apr 2021WP/8062/2021

Case brief

AI extract

What is this about?

The High Court allowed a writ petition challenging a mandatory fixed deposit condition for the release of a seized vehicle. The court set aside the original order and directed the respondents to release the vehicle against collateral security.

What did the court decide?

Set aside the order imposing a fixed deposit requirement and directed the release of the seized vehicle on collateral security against an undertaking not to alienate or encumber it.

B.Anil Vs The State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2021)

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HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.8062 OF 2021

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ORDER:

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This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:

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“..to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings C.No.1182/SEB-KUR/ 2021, Dt. 16.02.2021 issued by the Superintendent of Police-Cum-Confiscating Authority, Kurnool, Kurnool District, thereby directing the petitioner to deposit fixed deposit of Rs.3,00,000/- as a condition precedent for giving interim custody of vehicle bearing No. KA 34 B 8300 detained in connection with Cr.No.313 of 2020 of Pattikonda Police Station, Kurnool District, pending confiscation proceedings as illegal, arbitrary and set aside the same and consequently, direct the respondent No.2 to give interim custody of vehicle bearing No. KA 34 B 8300 detained in connection with Cr.No.313 of 2020 of Pattikonda PS, Kurnool District, to petitioner pending confiscation proceedings by accepting third party solvencies equivalent to official value of vehicle and personnel bond furnished by the petitioner and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

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Heard the learned counsel for the petitioner and the learned Government Pleaders for Prohibition & Excise and Home appearing for the respondents.

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It is submitted by the learned counsel for the petitioner that on application filed by the petitioner, the 2^nd respondent passed orders vide C.No.1182/SEB-KUR/ 2021, Dt. 16.02.2021 for interim custody of the seized vehicle to the petitioner, subject to

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furnishing Fixed Deposit Receipt for an mount of Rs.3,00,000/from any National Bank in the name of Superintendent of Police, Kurnool, for the value of seized vehicle.

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Aggrieved by the said condition, the present writ petition is filed.

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The learned counsel for the petitioner submitted that there is no dispute about the ownership of the vehicle and the condition imposed by the 2^nd respondent to furnish a Fixed Deposit Receipt for an amount of Rs.3,00,000/- towards the value of the seized vehicle is an onerous condition and the petitioner is not in a position to furnish the same and prayed to relax the condition.

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Learned Government Pleaders appearing for the Respondents would submit that to protect the interest of the Government, such condition is imposed.

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In that view of the matter, the Writ Petition is allowed and the condition imposed by the 2^nd respondent vide proceedings in C.No.1182/SEB-KUR/ 2021, Dt. 16.02.2021 is set aside and the respondents are directed to release the seized Vehicle bearing No. KA 34 B 8300 for interim custody of the petitioner by taking collateral security for the value of the said vehicle from the petitioner. It is further directed that the petitioner shall not alienate the vehicle, shall not change its physical features or create any encumbrance or change on the same. The petitioner

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shall produce the vehicle whenever he is directed to do so by the

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Lower court.

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As a sequel, miscellaneous petitions pending, if any in the Writ Petition, shall stand closed.

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______________________________ JUSTICE BATTU DEVANAND

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Date: 09.04.2021

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Note: Furnish CC by today

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B/o eha

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HON’BLE SRI JUSTICE BATTU DEVANAND

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WRIT PETITION No.8062 OF 2021

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Dt: 09.04.2021

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eha

B.Anil v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

B.Anil 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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