Short order in writ petition seeking return of tractor and trailer unjustifiably detained by police. Court noted police did not seize vehicle after investigation concluded and dismissed petition as no further order needed.
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THE HON’BLE SRI JUSTICE P.KESHAVA RAO
WRIT PETITION No.31515 OF 2013
ORDER :
Heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents 1 to 3.
The prayer sought for in the writ petition is as under:
“ to issue an appropriate writ order or direction more particularly one in the nature of writ of mandamus declaring the action of 3rd respondent in not giving custody of tractor and trailer bearing No. AP. 27 AQ 1324 and AP 27 AQ 1325 which was taken illegal custody on 20-07-2013 though it is not involved in FIR No. 76/ 2013 of P. S. Chinaganjam, high handedly, as illegal, arbitrary and unconstitutional and consequently direct the 3rd respondent to give custody of the tractor and trailer mentioned above to the petitioner. ”
The learned Government Pleader placed on record the written instructions dated 12.11.2013 issued by the Sub-Inspector of Police, Chinaganjam Police Station, Prakasam District. A perusal of the said written instructions would reveal that pursuant to the registration of Crime No.76 of 2013 for the offence under Section 34(a) of A.P. Excise Act on 20.07.2013, the investigation was taken up and completed. Except seizure of 1630 liquor bottles on 20.07.2013, the respondents-police did not seize the tractor and trailer of the petitioner herein.
In view of the above averment, no further orders are required in the writ petition and the same is accordingly closed. No costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.KESHAVA RAO , J
23rd NOVEMBER 2018. Tsr
2
1 issue framed by the court
Whether an order is required directing the return of seized vehicle given police completed investigation without seizing it.
Petitioner
Government Pleader
Sub-Inspector of Police, Chinaganjam
P. KESHAVA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
