V Srinivasa Rao vs State Of Andhra Pradesh

R. Raghunandan Rao, J

The petitioner is the owner of a lorry bearing No. AP- 16-TJ-6657. This vehicle was seized by the Technical Officer of the 2nd respondent on 15.06.2021 and has been kept in the custody of the 4th respondent since then. The petitioner aggrieved by the said detention of his vehicle, has approached this court by way of the present writ petition.

In similar circumstances, a learned Single Judge of this court by an order dated 10.08.2021 in W.P.No.15439 of 2021 had passed certain directions following the Judgment of a Division Bench of this Court dated 17.02.2021 in W.A.No.4 of 2021.

In view of the said directions, the writ petition is disposed of, with the following directions:-

(i) The person, in whose custody the vehicle is, shall get the value of the vehicle assessed by the Motor Vehicle Inspector concerned in the presence of the owner of the vehicle/appellant/petitioner and on fixing of the value of the vehicle by the Motor Vehicle Inspector, the appellant/petitioner shall furnish either bank guarantee or immovable property security to the value of the vehicle as assessed by the Motor Vehicle Inspector and also execute a personal bond to the satisfaction of the authority concerned;

(ii) The interim custody of the vehicle shall be given in favour of the appellant/petitioner, subject to producing proof in support of the ownership of the vehicle;

(iii) The appellant/petitioner shall give an undertaking to produce the vehicle as and when required either by the authority concerned or Court or the Investigating Agency and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle"

There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.