High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or Direction especially one in the Nature of Writ of Mandamus declaring the seizure of petitioner's Motor Cycle (Honda Shrine) bearing No. TS 03 EH 5166 in COR No.485 of 2024 on the file of Mahabubabad Prohibition and Excise Police Station on 1O-07 -2024 is illegal, arbitrary, violate of Article 19 (1) (g) of the Constitution of lndia and also contrary to the provisions of Telangana Excise Act and consequently direct the respondents 2 and 3 to release the petitioner's Motor Cycle (Honda Shrine) bearing No. TS 03 EH 5166 seized on 1O-O7-2024 in connection with COR No.485 of 2024. 1A NO: 1 OF 2025 Petition under Section 15'l CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 forthwith to release the Motor Cycle (Honda Shrine) bearing No. TS 03 EH 5166 seized on 10-07-2024 in connection with COR No.4B5 oI 2024 in favour of the petitioner, pending disposal of the main writ petition. Counsel for the Petitioner: SRI BALA MURALI Y. Counsel for the Respondents No.1 & 2: GP FOR PROHIBITION AND EXCTSE Counsel for the Respondent No.3: AGP FOR HOME The Court made the following: ORDER t I THE HON'BLE SRI JUSTICE C.V. BIIASKAR REDDY WRIT PETITION No.2539 OF 2o25 ORDER: This writ petition is filed seeking following reliel ".-. to issue a writ in the nature of a writ of mandamus or any other appropriate writ direction order or orders declaring the seizure of the petitioner's motorcycle (Honda Shrine) bearing No.TS-03EH-5166 in COR No.485 of 2o24 on the file of the Mahabubabad Prohibition and Excise Police Station on 7O.O7.2O24 as illegal, arbitrary and violation of Article 19(1)(g) of the Constitution of India and also contrary to the provisions of Telangana Excise Act, and consequently direct the Respondent Nos.2 ald 3 to release the said motorcycle and to pass ..."

2. The case of the petitioner is that he is the owner of Honda Shrine motorcycle bearing No.TS-O3EH-S166 and he purchased 100 K.Gs. of white jaggery to sell the same in the village to eke out his livelihood by roaming on the said motorcycle' While so, on 1O.O7 .2024 when the petitioner was at Pedha Thanda Village, X' Road, respondent No.3 stopped the vehicle and registered a case in COR No.485 of 2024 on the file of the Prohibition and Excise Police Station, Mahabubabad, for the offences under Section 7(A) read with Section 8(e) of the Telangana Prohibition Act, 1995 and Section 34(e) of the Telangana State Excise Act, on the ground that the petitioner is transporting white jaggery, without obtaining necessary permission and the said motorcycle was seized. I I I -l I 2

3. Mr.Y.Bala Murali, learned col.nsel for the petitioner vehemently argued that the action of respondent Nos'2 and 3 in seizing the rnotorcycle while transporting white jaggery amounts to violation of Article 19(1)(g) and 2l of the Constitution of India and also in violation of the law laid down by this Court in various Judgments. It is further stated that respondent Nos 2 and 3, without taking into consideration of the said facts and without foilowing the guidelines issued by this Court' have seized the tnotorcycle and the said motorcycle was not released even after the petitioner is ready to furnish security/ sirrety pending adludication of the confiscation proceedings'

4. Learned Assistant Government Pleader for Home' on instructions,wouldsubmitthatthemotorcycleofthepetitioner was involved in COR No.485 of 2024, dated lO'O7 '2024 registered for the offences under Section 7(A) read with Section 8(e) of the Telangana Prohibition Act, 1995 and Section 34(e) of the Telangana State Excise Act, 1968' After registration of the said crime, show-cause notice was issued to the owner of the vehicle on 08.08.2O24 and, after following the due procedure' the vehicle was confiscated under Section 46 of the Excise Act' 1968. The said conhscation order was also served on the 1 I Il I I -) petitioner on 23.09.2024 and the petitioner did not choose to file an appeal questioning the confiscation order.

5. Since the petitioner has not come forward for filing of the statutory appeal or the petitioner has not deposited the cost of the vehicie, which was manufactured in the year 2016, the respondents have taken decision to conduct auction of the seized vehicle as per the provisions of the Excise Act, 1968.

6. At this .juncture, learned counsel appearing for the petitioner vehemently contended that he is not aware of the opportunity to file the appeal under Section 46C of the Telangana Excise Act, 1968 read with Section i3C of the Prohibition Act, 1995 as per the time prescribed in the statute. He pleaded that if the reasonable time is granted, he can file an appeal questioning the confiscation order. Since it is disputed that the petitioner has not received the confiscation order and it is stated that the confiscation order is served on the petitioner today itself when the matter was taken up, the ends of the justice would be served, liberty re flri.,g$, t: the petitioner to file appeal before the ap$dHte rlAar{,1 the said conhscation order, within ,i"f :"lt:'f;m "ii}'trerl-gl,rg the date of receipt of a copy of this order. On filing of such appeal, the appellate I r i 4 ,' !) authority sh all examine and decide the same, in accordance with lau,.

7. With t he aforesaid observations, this Writ petition is disposed of As a sequel, the miscellaneous petitions pending, if aly, shall stand closed. No order as to costs. //TRUE COPY// SD/. MOHD. ISPIAIL ASSISTANT REGIqfRAR sEcnoN#FrcER I To,

1. The Principal secretary Department of Prohibition and Excise, state of Telangana, T.S. Secretariat Hyderabad.

2.TheDeputyCommissionerofProhibitionandExcise,WarangalDistrict. 3. The station House officer, Prohibition and Excise Police station. Ir/tahabubabad District.

4. One CC to SRI BALA MURALI Y., Advocate [OPUC] 5.TwoCCstoGPforProhibition&Excise,HighCourtfortheStateof Telangana at HYderabad. [OUTI

6. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies IVlP 4* I HIGH COURT DATED:3010112025 I tlE SI/1 14: 2 0 rrB 2025 u z \ 1t ( o- o o J, \ Sltr r'i' ', ORDER WP.No.2539 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ l