MADDURI NAGENDRA REDDY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner under Article 226 of the Constitution of India for the following relief/s:

(2.) Heard Sri S. Syam Sunder Rao, learned counsel for the petitioner and the learned Government Pleader for Mines & Geology appearing for the respondent Nos.1 to 4 and the learned Government Pleader for Home appearing for Respondent No.5

(3.) The case of the petitioner is that on 22.07.2020, the 5 th Respondent seized the vehicle Mahindra Bolero Power + bearing No.A.P.39 AX 6547 of the petitioner alleging that 108 liquor bottles are illegally transported in it and registered a case in Cr.No.136 of 2020 of (SEB) Station, Narsaraopeta under Section 34(a) of A.P. Excise Act, 1968. A show-cause notice was issued to the owner of the vehicle by 3rd respondent in R.C.No.729/2020/B2, dated 24.11.2020 giving an opportunity to the petitioner to submit his explanation within 15 days from the date of the said notice. But, the petitioner failed to submit his explanation to the show-cause notice even after expiry of the stipulated time. The 3rd respondent in exercise of powers conferred under Section 46(2) of A.P. Excise Act, 1968, confiscated the seized vehicle.