KUPPAIAH SURESH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The present writ petition is filed declaring the action of the respondent No.3 in not considering the representation of the petitioner dated 20.2.2021 for releasing the petitioner's vehicle as arbitrary, illegal without jurisdiction and contrary to provisions of Andhra Pradesh Excise Act and violation of Articles 14, 21 and 300-A of the Constitution of India and consequently directing the respondents to release the vehicle bearing No.AP03AZ8947 by accepting third party surety for 10 per cent value of the total value of the vehicle of the petitioner and pass such other orders in the interest of justice.

(2.) Heard Sri Srinivasa Rao Narra, learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise appearing for the respondents 1 to 3 and learned Government Pleader for Home appearing for the respondent No.4.

(3.) The case of the petitioner is that the petitioner is the owner of the motorcycle bearing No.AP03AZ8947. He purchased the vehicle in the year 2012 and using the same for his personal purpose. The 5th respondent seized the vehicle of the petitioner alleging that the vehicle was used for illegal transportation of liquor bottles and registered a case in Crime No.181 of 2020 of Thavanampalle Police Station of Chittor District under Section 34(a) of the A.P. Excise Act.