SYED BADESA KADRI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Aggrieved by the condition imposed by the Superintendent of Police, Kurnool, in his order dated 21.09.2020, to furnish Fixed Deposit Receipt for an amount, as certified by the Motor Vehicle Inspector for the vehicle that was seized in connection with Crime No.675 of 2020 of Kurnool Tq. UPS, Kurnool District, to release the seized vehicle, this Writ Petition under Article 226 of the Constitution of India is filed by the petitioner.

(2.) Heard learned counsel for the petitioner and learned Government Pleader for Prohibition and Excise appearing for the respondents.

(3.) A case in Crime No.675 of 2020 was registered by Kurnool Taluq Police, Kurnool District, for the offence punishable under Sections 34(a) and 34(1)(ii) of the A.P. Excise Act. Incidentally, police have seized Eicher lorry bearing Registration No.TS 33 T 0585 in connection with the said crime. The petitioner, though not an accused in the said crime, who is claiming to be the owner of the goods carrier, filed a petition before the Superintendent of Police, Kurnool, seeking interim custody of the said vehicle. The said petition was allowed on condition that the petitioner shall furnish a Fixed Deposit Receipt for an amount, as certified by the Motor Vehicle Inspector for release of the vehicle.