REDDY LAKSHMI PRASANNA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) As the issues involved in both the writ petitions are one and the same and hence they are disposed of with a common order.

(2.) The petitioner is the registered owner of the vehicle Mahindra TUV Car bearing no.AP 05 EU 3333. Basing on the case of the 5th respondent that on 29.3.2020 at about 5.30 pm, the Sub Inspector of Police, Anaparthi Police Station and staff during information detected a case and the accused on enquiry revealed that he was following as escort in the Mahindra TUV Car AP 05 EU 3333 to the S Cross Smart Hybrid Car AP 39 ED 2222 which was transporting 29 quarter bottles of IM liquor and 12 beer bottles of duty paid liquor. Basing on the same a case in Cr.No.87/2020 u/S.188 IPC, Sec.34(a), 50 of A.P.Excise Act, 1968 was registered. Thereafter proposals were submitted to the 4th respondent herein for confiscation of vehicle i.e. Mahindra TUV Car bearing registration no.AP 05 EU 3333 which alleged to have been involved in commission of the said offence. 4th respondent basing on the submissions and relying on the records placed by the 5th respondent, passed confiscation orders of the vehicle and liquor bottles, on 14.8.2020. The petitioner filed appeal under Section 46 (c) of A.P.Excise Act 1968 before the 3rd respondent assailing the said confiscation orders. The main ground urged by the petitioner is that the vehicle was not involved in any offence and nothing was seized in the vehicle and also from the driver of the vehicle and further stated that the 5th respondent seized the vehicle on the mere impression that the vehicle was escorting the other vehicle. Without considering the ground raised by the petitioner, the respondent has dismissed the appeal on 05.10.2020 by confirming the orders of the 4th respondent. Questioning the same, the present writ petition is filed.

(3.) The respondents have filed counter. As per the averments of the counter that on 29.3.2020 at about 5pm, the 5th respondent received information from the village volunteers of Kuthukuluru Village that they have found a car which is carrying huge quantity of liquor bottles and upon that the 5th respondent has rushed to the scene of offence and found 41 liquor bottles in a car i.e. Maruthi made S-Cross Smart Hybrid Delta bearing registration no.AP 31 ZC T/R 9378 and on enquiry it is confessed by A1 and A2 who are in the car that they have purchased said liquor from a retail shop run by APBCL with active help of A3 who is the Excise Inspector. A3 has misused his official power and opened the closed shop and handed over the said liquor to the A1 and A2 and further he escorted the vehicle which is transporting the liquor in his car bearing registration no.AP 05 EU 3333. Hence registered a crime in FIR No.87 of 2020 u/S.188 of IPC and section 34(a) & 50 of A.P.Excise Act 1968. On the intervening night of 29/30.3.2020 at 01.00 hrs, arrested the A1 & A2 and also A3 who is the husband of the petitioner herein and who was the jurisdictional P & E Inspector, Rayavaram Excise police station and seized the car bearing registration no.AP 05 EU 3333 which is used for commission of the offence as the accused A3 and A4 escorted another crime vehicle i.e. AP 31 ZC T/R 9378 which is transporting the liquor bottles illegally.