Boya Balanjaneyulu Vs the State of Ap

BOYA BALANJANEYULU, S/O. B.GIDDAIAH, AGED ABOUT 29 YEARS, R/O. H.NO.50/348, HIS, KPNR COLONY, B.CAMP, KUMOOL TOWN, KUMOOL DISTRICT. (OWNER OF THE MAHINDRA XUV 500 BEARING NO. AP 26 BL 0567)

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...PETITIONER

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AND

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THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P.522238

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THE SUPERINTENDENT OF POLICE, KUMOOL DISTRICT.III TOWN POLICE STATION, 508001

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THE STATION HOUSE OFFICER, III TOWN POLICE STATION, KUMOOL. 518001

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.SOMISETTY GANESH BABU

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Counsel for the Respondent(S):

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1.GP FOR HOME

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The Court made the following:

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ORDER:

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The Writ Petition has been filed under Article 226 of the Constitution of India seeking the following relief:-

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“…to Issue a Writ of Mandamus or any other appropriate writ order or direction declaring the action of the respondents in not releasing the petitioners vehicle i e Mahindra XUV 500 bearing No AP 26 BL 0567 seized in Crime No.366/2025 of Kumool III Town Police Station as illegal arbitrary and violative of Articles 14 and 21 of the Constitution of India and consequently direct the respondents to release the said vehicle to the petitioner forthwith on such terms and conditions as this Honble Court may deem fit in the interest of justice such other order(s)….”

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Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home.

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Sri P. Ajay Babu, the learned Assistant Government Pleader, on instructions, submits that after thorough investigation charge sheet has already been filed. The Sub-Inspector of Police, Kurnool, III Town Police Station has submitted the proposal for the confiscation of the seized vehicle. Now the proceedings are pending before the Deputy Commissioner of Prohibition and Excise to take cognizance of the issue and disposal of the seized vehicle in Crime No.366 of 2025.

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In view of that matter as per Section 46 of the Andhra Pradesh Excise Act, 1968 the Deputy Commissioner of Prohibition and Excise has got the powers or authority to confiscate the vehicle. The proposal was submitted by the Sub-Inspector of Police of Kurnool, III Town Police Station

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to the Deputy Commissioner on 06.02.2026. Therefore, the Deputy Commissioner of Prohibition and Excise Kurnool is directed to pass necessary orders on the confiscation of the vehicle. It is submitted by the

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learned counsel for the petitioner that the vehicle was seized by the SubInspector of Police Kurnool III Town Police Station on 24.08.2025. The Sub-Inspector of Police Kurnool III Town Police Station ought to have submitted the confiscation proposals under Section 46 of ‘the Act.,’ to the Deputy Commissioner of Prohibition and Excise at least within a reasonable time of one (01) month till now the vehicle exposed to light, air and rain. The learned counsel for the petitioner relied upon the decision of the Hon’ble Apex Court in Sunderbhai Ambalal Desai v. State of Gujarat¹ .

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Considering the facts and circumstances of the case, until orders are passed by the Deputy Commissioner of Prohibition and Excise in exercise of powers under Section 46 of ‘the Act.,’ the vehicle shall be released to the interim custody of the petitioner, subject to furnishing sufficient sureties and compliance with other lawful requirements, to the satisfaction of the learned Jurisdictional Magistrate.

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