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Doddapaneni Veera Gangadhar v. the State of Andhra Pradesh

Andhra Pradesh HC10 Mar 2025WP/5964/2025

Case brief

AI extract

What is this about?

Release of seized vehicle after acquittal; writ of mandamus under Article 226; confiscation order dated 10.09.2024 by Commissioner of Special Enforcement Bureau set aside; Section 34(A) Excise Act; Crime No.159 of 2024; C.C.No.607 of 2024, Additional Judicial First Class Magistrate, Tiruvuru; onerous conditions for release unwarranted; NTR District, Andhra Pradesh; no costs; damage claim of Rs. 50,000/- not awarded.

What did the court decide?

Order of confiscation dated 10.09.2024 of respondent No.2 set aside; respondent Nos.2 to 4 directed to release vehicle bearing No. AP16BV9995 to the petitioner with immediate effect; no order as to costs. ¶49

Doddapaneni Veera Gangadhar Vs the State of… — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of respondent No.2 in not releasing the vehicle bearing No. AP16BV9995, seized in connection with Crime No.159 of 2024, despite the petitioner's acquittal in C.C.No.607 of 2024, is arbitrary and illegal and calls for a writ of Mandamus directing release of the vehicle. +1 more

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Court's answer

The Writ Petition is allowed: the order of confiscation dated 10.09.2024 of respondent No.2 is set aside and respondent Nos.2 to 4 are directed to release the vehicle bearing No. AP16BV9995 in favour of the petitioner with immediate effect, with no order as to costs.

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Ratio / Principle

On perusal of the trial court order dated 26.09.2024 in C.C.No.607 of 2024, wherein the petitioner/accused was acquitted, the imposition of onerous conditions for release of the vehicle is unwarranted and contrary to the judgment of the trial Court.

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Detailed headnote1 paragraphs

Writ Petition (Art. 226) allowed by the High Court of Andhra Pradesh (Venkateswarlu Nimmagadda, J.) on 11.03.2025 in W.P. No. 5964 of 2025: vehicle bearing No. AP16BV9995, seized by the SHO, Tiruvuru (respondent No.4) in Crime No.159 of 2024 under Section 34(A) of the Excise Act on the allegation that the petitioner was carrying illicit liquor (650 ml x 12 Budweiser beer, 7.8 Ltrs) worth Rs.2520/- unauthorisedly, was not released by respondents 2 to 4 even after the petitioner's acquittal on 26.09.2024 in C.C.No.607 of 2024 (Additional Judicial First Class Magistrate, Tiruvuru). Held: on perusal of the trial court's acquittal order, imposition of onerous conditions for release of the vehicle was unwarranted and contrary to the trial court's judgment; the order of confiscation dated 10.09.2024 passed by respondent No.2 (Commissioner of Special Enforcement Bureau) was set aside and respondents 2 to 4 were directed to release the vehicle to the petitioner with immediate effect. No order as to costs; the Rs. 50,000/- claimed towards restoring the damaged vehicle was not awarded.

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction)

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TUESDAY, THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5964 OF 2025

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Between:

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Doddapaneni Veera Gangadhar, S/o. Mohandas D.No. 32-147/1A, Sri Balaji Bharath Filling Station, Nandigama Town, NTR District,^{AndhraPradesh.}

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary Home Department, Secretariat, Velagapudi, Amaravathi.

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The Commissioner of Special Enforcement Bureau, (Appellate Authority) APIIC Building, Mangalagiri, Andhra Pradesh.

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The Commissioner of Police, NTR Police Commissionerate, Vijayawada, NTR District, Andhra Pradesh.

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The Station House Officer, Tiruvuru Police Station, Tiruvuru, NTR District, Andhra Pradesh.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction particularly one in the nature of writ of Mandamus declaring the action of the respondent 2 is illegal in not realizing the vehicle bearing number^{AP16BV9995which} is arbitrary and illegal and violation of principles of natural justice and consequently direct the respondent to relies the vehicle and direct to pay the vehicle damaged amount from the natural condition and it may cost -nearly Rs. 50,000/-.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent to relies the vehicle and direct to pay the vehicle damaged amount from the natural condition and it may cost nearly Rs. 50,000/-.

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Counsel for the Petitioner: SRI B. V. S. CHALAPATI RAO

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Counsel for the Respondent Nos.1,3 & 4 : GP FOR HOME

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Counsel for the Respondent No.2 : GP FOR PROHIBITION & EXCISE The Court made the following: ORDER

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[3329]

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, APHC010091962025

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IN THE HIGH COURT OF ANDHRA PRADESH 050 AT AMARAVATI 0iv:^ (Special Original Jurisdiction)

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TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5964/2025

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Between:

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Doddapaneni Veera Gangadhar ...PETITIONER

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AND

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The State Of Andhra Pradesh and Others

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...RESPONDENT(S)

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Counsel for the Petitioner:

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1.B VS CHALAPATI RAO

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Counsel for the Respondent(S):

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1.GP FOR HOME

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2.GP FOR PROHIBITION EXCISE

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The Court made the following:

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THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO: 5964/2025

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ORDER:

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Heard the learned Counsel for the petitioner, learned Government Pleader for Excise and learned Government^Pleaderfor Home.

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The case of the petitioner is that the 4**" respondent^seized the vehicle bearing No. AP16BV9995 on the ground that^{thepetitioner} is carrying illicit liquor of 650 ml x 12 budwiser^{beer(7.8Ltrs)v/orth} Rs.2520/- unauthorizedly. The 4^^ respondent registered^acrime i.e., Cr.No.159 of 2024 against the petitioner for the offence^underSection 34(A) of the Excise Act and the same was numbered as^C.C.No.607 of 2024 on the file of the Additional Judicial First^{ClassMagistrate,} Tiruvuru. The trial Court passed an acquittal order^{dated26.09.2024in} C.C.No.607 of 2024. Later, the petitioner approached^respondent Nos.2 to 4 and requested for release of the vehicle. But the respondents did not release the petitioner’s vehicle.

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The petitioner has filed the present Writ Petition^seeking release of the said Vehicle. He would submit that the^{trialcourtpassed} an acquittal order in the crime case i.e. C.C.No.607 of 2024 registered against the petitioner on the file of the^{AdditionalJudicial} First Class Magistrate, Tiruvuru.

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In view of the above submissions and on perusal of the material placed on record, it is observed that on perusal of the trial court order dated 26.09.2024 in C.C.No.607 of 2024, wherein the petitioner/accused acquitted from the offence, the imposition of onerous conditions for release of Vehicle i IS unwarranted and contrary to the judgment of the trial Court.

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Hence, for the reasons stated above, the Writ Petition is allowed setting aside the order of confiscation dated 10.09.2024 of the 2 respondent and further directing the respondent Nos.2 to 4 to release the vehicle bearing No.AP16BV9995 in favour of the petitioner with immediate effect. No order as to costs.

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As a sequel miscellaneous application, pending, if any, shall also stand closed.

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//TRUE COPY//

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SD/- B CHITTI JOSEPH ASSISTANT REGISTRAR

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