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Judgment
Gannamaneni Ramakrishna Prasad, J
Heard Sri Harish Kumar Rasineni, learned Counsel for the Petitioner and Sri M.Srinu Babu, learned Assistant Government Pleader.
The Writ Petitioner is the owner of vehicle Bolero Car bearing No.TN12 Z 5360. This vehicle was involved in the incident of bootlegging and an F.I.R has been registered on 31.03.2024 bearing F.I.R.No.34 of 2024 in Nagalapuram Police Station. Consequently, the vehicle was also seized which is carrying bottles of liquor unauthorizedly. The Motor Vehicle Inspector, Puttur, Tirupati District, vide proceeding dated 24.06.2024 has valued the vehicle at Rs.4,50,000/- (Four Lakh Fifty Thousand Rupees), which is the current market value.
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 24.06.2024 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 26.11.2024. The same is taken on record.
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.
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 boot legging 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 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.
With the above directions, this Writ Petition is disposed of. Registry is directed to retain the personal Affidavit filed by the Petitioner dated 26.11.2024. Registry is further directed to attach a copy of the Affidavit filed by the Writ Petitioner dated 26.11.2024along 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.
Interlocutory Applications, if any, stand closed in terms of this order.