PULIGOLU PRAVEEN Vs. THE DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) THIS Writ Petition is filed questioning the seizure of the motor vehicle bearing Registration No. AP 03 TB 3442.

(2.) IT appears, the vehicle bearing Registration No. AP 03 TB 3442 has been intercepted at Ayyanagaripalli Village, Vadamalapeta Mandal, Chittoor District. It was found carrying 50 cartons load of 180 ml. brandy bottles, each box was said to be containing 48 bottles. The police suspected that the transportation of this alcoholic beverage is not authorized one and hence, they registered it as Crime No. 35 of 2014 on 29.03.2014., The petitioner has not yet approached the Deputy Commissioner of Prohibition & Excise for securing interim custody of the vehicle.

(3.) SECTION 7 of the A.P. Prohibition Act, 1995, prohibited any buying, selling or possessing or consumption of liquor otherwise than in accordance with the provisions of the said Act or the A.P. Excise Act, as the case be. Section 8 of the A.P. Prohibition Act provided for punishment for buying or selling or consuming liquor contrary to Section 7 of the said Act. Further, if an offence is committed under the Andhra Pradesh Prohibition Act, for which purpose a motor vehicle is also used, such a motor vehicle is liable to be confiscated in terms of the provision contained under Section 12 of the said Act. As per Section 13 of the said Act, where anything liable for confiscation under Section 12 is seized and detailed, such property shall be produced before the Deputy Commissioner of Prohibition and Excise, who can order for confiscation of such property whether or not prosecution is instituted. Further, the Deputy Commissioner has been empowered to accept such sum of money in lieu of confiscation and release the vehicles reasonably suspected of in any offence falling under Sub -clause (i) of Clause (b) of Section 8 of the Act. Thus, the Deputy Commissioner of Prohibition 6s Excise of the division concerned has been conferred the power of finalizing the confiscation proceedings and the incidental power of entrusting the interim custody of any such motor vehicle involved flows from. By entrusting the interim custody, the need for warehousing of the motor vehicle in a good condition can be satisfactorily avoided. Further a motor vehicle, if, is kept idle and allowed to gain dust and other particles around, the prospects would be such that the engine can get jammed as the electronic parts, which are used in the manufacture of the motor vehicles, are fairly sensitive and accumulation of dust is recognized as one of the sources, which render the electronic components fail to function properly later on. Hence, a motor vehicle seized cannot be left unattended to and exposed to rain or shine, which might result in greatly diminishing provided for punishment for buying or selling or consuming liquor contrary to Section 7 of the said Act. Further, if an offence is committed under the Andhra Pradesh Prohibition Act, for which purpose a motor vehicle is also used, such a motor vehicle is liable to be confiscated in terms of the provision contained under Section 12 of the said Act. As per Section 13 of the said Act, where anything liable for confiscation under Section 12 is seized and detailed, such property shall be produced before the Deputy Commissioner of Prohibition and Excise, who can order for confiscation of such property whether or not prosecution is instituted. Further, the Deputy Commissioner has been empowered to accept such sum of money in lieu of confiscation and release the vehicles reasonably suspected of in any offence falling under Sub -clause (i) of Clause (b) of Section 8 of the Act. Thus, the Deputy Commissioner of Prohibition & Excise of the division concerned has been conferred the power of finalizing the confiscation proceedings and the incidental power of entrusting the interim custody of any such motor vehicle involved flows from. By entrusting the interim custody, the need for warehousing of the motor vehicle in a good condition can be satisfactorily avoided. Further a motor vehicle, if, is kept idle and allowed to gain dust and other particles around, the prospects would be such that the engine can get jammed as the electronic parts, which are used in the manufacture of the motor vehicles, are fairly sensitive and accumulation of dust is recognized as one of the sources, which render the electronic components fail to function properly later on. Hence, a motor vehicle seized cannot be left unattended to and exposed to rain or shine, which might result in greatly diminishing its value. Any such action can result in a possible loss to the exchequer and in case the proceedings end up in favour of the claimant, the State gets exposed to the risk of requiring to pay damages to the claimant. Above all, securing suitable warehousing facilities for safe -keeping of the motor vehicles is an enormous task. The necessary expenditure for warehousing has to be paid for by the State initially. In these set of circumstances, the balance of convenience would lie in entrusting the interim custody to the true owner of the motor vehicle, provided he produces a copy of the Registration Certificate, his identity proof by producing either Aadhar card or PAN Card or first page of any savings account maintained with any of the nationalized banks where the address of the owner of the vehicle can be found. Further, till the allegations are brought home by producing all relevant material in support of the charge, the owner of a motor vehicle has to be presumed to be innocent of the charge.