Andhra Pradesh High Court – Amravati
Surisetty Vamsi Krishna vs The State Of Andhra Pradesh on 21 December, 2024
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APHC010558192024
IN THE HIGH COURT OF ANDHRA [3328]
PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
SATURDAY,THE TWENTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 29126/2024
Between:
1. SURISETTY VAMSI KRISHNA, AGED 27 YEARS, BUSINESS, R/O.
FLAT NO. 503, TRISHUL RAJA VIHAR APARTMENTS,
THATICHETLAPALEM, VISAKHAPATNAM
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL
SECRETARY, REVENUE DEPARTMENT (PROHIBITION AND
EXCISE), SECRETARIAT BUILDINGS AT VELAGAPUDI, AMARAVATI.
2. THE COMMISSIONER OF POLICE/CONFISCATION AUTHORITY,
VISAKHAPATNAM COMMISSIONERATE, VISAKHAPATNAM
DISTRICT, ANDHRA PRADESH.
3. THE STATION HOUSE OFFICER, ARILOVA POLICE STATION,
VISAKHAPATNAM COMMISSIONERATE, VISAKHAPATNAM
DISTRICT.
...RESPONDENT(S):
Counsel for the Petitioner:
1. K S S NARAYANA
Counsel for the Respondent(S):
1. GP FOR PROHIBITION EXCISE
2. GP FOR HOME
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The Court made the following:
ORDER:
Heard Sri K. Guna Sekhar, learned Counsel appearing on behalf of Sri
K.S.S. Narayana, learned Counsel for the Petitioner and Sri K. Arjun
Chowdary, learned Assistant Government Pleader.
2. The Writ Petitioner is the owner of a car (Honda Amaze 1.5 E MT
(I-DTEC)) bearing No.AP 39 TQ 2669. The Writ Petitioner operates a car
rental company at Visakhapatnam. The above vehicle is also a part of the
fleet of cars given-out for rental purposes. He has a valid tourism permit.
That one Bharat Sharma S/o. B.P. Sharma from the State of Uttarakhand
came to Visakhapatnam as a tourist and hired the abovementioned car on
rental basis for sightseeing purpose from 17.08.2024 to 18.08.2024 by
submitting Rental Application along with his Aadhaar Card No.2364 3491 0983
(Ex.P.7). While it was in the possession of the said Bharat Sharma, this
vehicle was involved in the incident of bootlegging and an F.I.R has been
registered on 18.08.2024 bearing F.I.R.No.299 of 2024. Consequently, the
vehicle was also seized which is carrying bottles of liquor unauthorizedly. The
Motor Vehicle Inspector, O/o DTC, Visakhapatnam, vide proceeding dated
16.12.2024 has valued the car at Rs.5,20,000/- (Five Lakhs Twenty Thousand
Rupees only), which is the current market value. Therefore, it is the contention
of the Writ Petitioner that he had only given the abovementioned vehicle for
rent and he has nothing to do with the crime. It is also stated that this vehicle
was the only source of livelihood for him and detention of his vehicle deprives
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him of his livelihood and right to trade under Articles 14, 19 (1) (g) and 21 of
the Constitution of India.
3. The Writ Petitioner has filed the present Writ Petition seeking release of
the said vehicle. He would submit that he will subject himself to any condition
imposed by this Court. This Court had directed the learned Counsel for the
Petitioner to have a personal affidavit of the Writ Petitioner filed undertaking to
indemnify the cost of the vehicle as fixed by the Motor Vehicle Inspector vide
his proceeding dated 16.12.2024 on account of any adverse Order passed
against the Writ Petitioner in the future. In compliance with the same, the Writ
Petitioner has filed an affidavit on 16.12.2024. The same is taken on record.
4. In addition to the undertaking mentioned in the affidavit, this Court
issues the following directions:
I. The Petitioner shall produce the vehicle in question as and when
required in connection with the trail of the offence.
II. The Petitioner shall not put the vehicle in question to any use other than
his personal use.
III. The Petitioner shall not tamper with the vehicle in any manner and shall
maintain the same in good condition.
5. This Court has bestowed its mind on the nature of conditions which are
sought to be imposed for the release of the vehicle. The vehicle of the
Petitioner is only involved in an incident of bootlegging carrying bottles of
liquor unauthorizedly. In this view of the matter, this Court is of the opinion that
imposition of onerous conditions for release of vehicle is unwarranted in such
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cases of bootlegging. At this stage, it is also to be clarified that this relaxed
condition can be given only in cases of bootlegging of minor nature.
6. With the above directions, this Writ Petition is disposed of. Registry is
directed to retain the personal Affidavit filed by the Petitioner dated
16.12.2024. Registry is further directed to attach a copy of the Affidavit filed by
the Writ Petitioner dated 16.12.2024 along with the copy of this Order. No
order as to costs. The Respondent Authorities shall accordingly release the
abovementioned vehicle in terms of the personal Affidavit and the conditions
mentioned hereinabove.
7. Interlocutory Applications, if any, stand closed in terms of this order.
_________________________________
GANNAMANENI RAMAKRISHNA PRASAD, J
Dt:21.12.2024
Vns