Arijit Pasayat, J. - (1.) Challenge in this appeal is to the judgment of Division Bench of the Andhra Pradesh High Court in writ petition 27180 of 1999. By the impugned judgment, the High Court held that vehicle which was seized for alleged commission of offence punishable under the Andhra Pradesh Excise Act, 1968 (in short the Act) i.e. carrying contraband liquor was to be returned to the respondent.
(2.) Writ petition was filed by the respondent with the following averments : On 21-11-1994 a close friend of the respondent by name Banappa took the said jeep for his use and subsequently the respondent came to know that the vehicle was checked by the excise officials on 21-11-1994 and they found in the vehicle two cartons of IML each containing 46 nips. The 2nd respondent in the High Court (present appellant No.2) registered the case under the provisions of the Act. The respondent represented to the authorities that he is not involved in the alleged offence and he had no knowledge or consent for the alleged offence and that since the vehicle was used by a third party the proceedings for confiscation are not warranted.
(3.) The 2nd respondent in the High Court i.e. present appellant No.2 rejected the request of the respondent for interim custody of the vehicle pending proceedings, by order dated 7-1-1995. Subsequently after obtaining orders from the High Court in writ petition No. 20291 of 1995, dated 17-9-1995 and after furnishing bank guarantee for a sum of Rs. 48,000/- the respondent was given custody of the vehicle. Subsequently, present appellant No.2 directed confiscation of the vehicle.;