SAI KRISHNA TADI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India is filed to declare the inaction of the 3rd respondent in not considering his representation for release of the motor bike bearing No.TS 08 GW 1113(FZ), which was seized in Crime No.99 of 2020, as illegal and arbitrary and consequently to direct the 2nd respondent to release the vehicle of the petitioner.

(2.) Heard learned for the petitioner and learned Government Pleader for Prohibition and Excise appearing for official respondents 1 to 3.

(3.) The petitioner herein claims to be the owner of motor bike bearing No.TS 08 GW 1113(FZ). The said vehicle was seized by II Town police of Srisailam in connection with a case in Crime No.19 of 2020. The petitioner claims to have filed a representation before the 2nd respondent-Assistant Commissioner of Prohibition and Excise, Kurnool, seeking release of the said vehicle to him under Section 46 of the Prohibition and Excise Act. It is the grievance of the petitioner that the representation submitted by the petitioner is not being considered by the 2nd respondent and the vehicle is not released to him.