THATHA NARENDRA BABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise and perused the material available on record.

(2.) The case of the petitioner is that he is the owner of the vehicle i.e., Maruthi Suzuki Four wheel auto registered bearing No.AP 39 TN 9859. The petitioner is eking out his livelihood by running the said auto. On 3/2/2021, while he is returning from Hyderabad to Kolakalapudi, the said vehicle was seized at border check post, Pondugula Village, Dachepalli Mandal by the 4th respondent alleging that 816 liquor bottles were transporting from the State of Telangana to Andhra Pradesh in the said vehicle. On the same day, 4th respondent registered a case in Cr.No.53 of 2021 for the offence punishable under Sec. 34(A)(1) of Andhra Pradesh Excise (Amendment) Act, 2020.

(3.) Learned counsel for the petitioner submits that the 4th respondent falsely foisted the case against the petitioner and seized his vehicle. Though there is no connection with the crime, the petitioner submitted a representation dtd. 9/4/2021 to the 3rd respondent requesting for interim custody of the seized vehicle. But without considering the said representation, the 3rd respondent passed impugned order in C.No.4853/SEB/GNT- /2020 dtd. 31/8/2021.