ALAPATI SUDHA RANI Vs. GOVERNMENT OF A. P.

JUDGEMENT

(1.) Heard Sri B.Chandra Sekhar, learned counsel for the petitioner, learned Government Pleader for Prohibition & Excise for the respondents 1 and 2, learned Government Pleader for Home for the 3rd respondent and perused the material papers available on record.

(2.) It is the case of the petitioner that the petitioner is the owner of the contract carriage bus bearing No.AP 39 TK 4226 and the said vehicle is having the All India Contract Carriage Permit under Section 88(8) of Motor Vehicles Act, 1988 and the said vehicle is plying in between the State of Andhra Pradesh and the State of Telangana and as such the petitioner is plying the said vehicle in between two States. The learned counsel for the petitioner would submit that the said vehicle started from Hyderabad to Nallajerla on 16.02.2021 at about 10.00 PM in the night with passengers, and the said bus was inspected on 17.02.2021 at early hours at the boarder check post at Chilakallu in the State of Andhra Pradesh. The 3rd respondent during the inspection found 720 liquor bottles are being transported in that bus and accordingly the 3rd respondent seized the liquor bottles along with the bus and registered a case in Cr.No.241/2021, dated 17.02.2021 against six (06) passengers for the offences punishable under Sections 188, 171-E read with 34(a) APEA 123(1) RPA, 1951. The learned counsel for the petitioner submits that he made an application to the 3rd respondent seeking interim custody of the vehicle. The 2nd respondent has issued the proceedings vide C.No.115/C4/2021, dated 17.03.2021 instructing the petitioner to obtain fixed deposit receipt for a period of five (05) years for the amount equivalent to the upset price fixed by the Motor Vehicles Inspector concerned and also to comply with certain conditions imposed in the impugned proceedings.

(3.) The learned counsel for the petitioner would submit that the petitioner is no way concerned with the transportation of the liquor bottles in the bus and the passengers who boarded the bus might have loaded those bottles into the bus without the knowledge of the driver also. Due to the seizure of the bus on 17.02.2021 till date the petitioner is deprived of any earnings and he is not in a position to furnish fixed deposit receipt as directed by the 2nd respondent.