High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances staled in the affidavit filed therewith, the High Court may be pleased to issue a writ order or direction more particularly one in the nature of WRIT OF MANDAMUS, or any other appropriate Writ., declaring thaf the action of the Respondent No.4 is unlawfully seized the vehicle that is G.Yellow Cplor AUTO Rickshaw with bearing Reg, No. TS04-UC3446, Chasis Nq. MBX0003BFVA58707'l , Eng No. R8A293821 1., in Crime No. 230 oI 2024 dated 1910912024., for the offence of U/Sec. 34(e) of T.S. Excise Act 1968., after that transferred the case to 3rd Respondent basing on that the 3rd Respondqn! registered the case vidg in COR No. 817 ol 2024 dated 2611212024., for lhe offence of U/Sec.34(E) T.S. Excise Act., without proper enquiry and inveqtigatiot'l and the above said crime vehicle is under the custody of 3rd Respondent and thg Respondents are not release the above said vehicle its contrary to law, illeg,al, arbitrary and violation of Article 14, 19 and 21 of the Constitution 4q( '' ^=:6i-r7 '*.=- / 't'- / ". "' consequently direct the 3rd Respondent to release the ,rehicle in favor of the pelitioner lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the c;ircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to Direct to the 3rd Respondent to release the interim custody of a vehicle that iS G.Yellow Color AUTO Rickshaw with bearing Reg. No. TSC4-UC3446, Chasis No. MBX0003BFVA5B7O71, Eng No. R8A293821'l in COR No. 817 of 2Ol( dqled 2611212024., for the offence of U/Sec.34(E) T.S. Excise Act.., pending diqposal of the main writ petition Counsel for tle Petitioner: SRl. MALOTHU RAVEENDAR Counsel for the Respondent ltfos. 1g_2: SRI M. ARUN KUMAR, AGP FOR PROHIBITION EXCISE a. Counsel for the Respondent Nos, 3to4: GP FOR HOME The Court made the following: ORDEB 1 HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.2934 OF 2025 ORDER:(ORAL) This writ petition.is filed by the petitioner seeking the following relief: "...to issue a utit order or direction more particularly one in the natttre of WRIT OE MANDAMIJS ot nny otlur nppropiate Wit declating tlut the action of tlu Respondent No 4 is unlaiofully seized the oehicle tlnt is G Yelloto Color ALjTO Rickshmu zoith betring Reg No TSO4UC3446 Chnsis No MBX0003BFVA587071 Erg No R8A293821.L in Crinrc No 230 of 2024 datett 19/09/2024 for tirc oft'euce of U/Sec 34e ofT S Ercise Act 1968 nfter that transferretl ihe case to jrd Respondent bnsing on tlmt the 3rd Respondent registered tfu cnse rtifu in COR No 817 of 2024 dated 26/12/2024 for the ffince of U/Sec 34E T S Excise Act tttithout ProPer enquitry ani inaesti[ation ard tlr nboae said t:inre uehicle is under tlrc custoiy of 3rd Respindent and the Respondents arc ot relense tlr aboae sairt uihiile its contrary to lato illegal arbitrnry and ttiolation of Article 14 '19 and 21 of tfu Consiitution nnd consequently direct tfu 3rd Respondent to release the aehicle in fnaot of the petitioner and ptss"'"

2. Heard Mr. Malothu Raveendhar, Iearned counsel for the petitioner, and Mr. M. Arun Kumar, learned Assistant Government Pleader for Prohibition and Excise, and perused the material on record.

3. The case of the petitioner is that the subject vehicle i'e' G'Yellow Auto Rickshaw bearing registration No.TSO4 IJC 3446 was seized in connection with C.O.R. No.817 of 2024 dated 26-12'2024 arising out of \ 2 Crinre No.230 of 2024 dated 19.09.2024 registered r,r'ith Kuravi Police Station for the offence punishable under Section 34(Ii) Telangana State I Excise Act, 1968 (for short 'Act') wherein the petitioner was arraigned as accused No.l. On 19.09.2024 at about 12.30 hours, upon receipt of credible information, the Assistant Sub-Inspector of Police (ASI) along with his staff proceeded to Thattupally X Road and conducted raids. The ASI and his staff intercepted the subject vehicle and found 150 kgs of black jagger:v in three (3) bags and 10 kgs of alurn; the samples of the contrabancl have been sent for cl-remical analysis. Pursuant thereto, the subiect vehicle alorrg with the conkaband have treen seized in the presence of two (2) mediators and C.O.R. No.817 ol 2024 was registerecl

4. It is subrnitted that seized vehicle along with the contraband was producccl before respondent No.2 - The Deputy Commissioner, Prolribition anci Excisc, Mahabubabad Diskict. Exc,:pt black jaggery and alum, no other contraband was found in the subjt:ct vehicle.

5. Learned Assistant Government Pleader for Irrohibition and Excise submitted that the quantity of the contrabancl seized from the custody of the petitioner-accused is huge and there is every possibility I I I I I I 3 /: of using the seized contraband for the purpose of manufacturing Illicitly Distiller (ID) Liquor. Thus, the petitioner is not entitled for the relief sought in this writ petition. I I ! I i l

6. Taking into consideration of the fact that the subject vehicle was seized on 26.12.2024 in C.O.R. No.817 of 2024 and that confiscation proceedings have not been finalized, this Court is inclined to grant , i relief to the petitioner.

7. Accordingly, this writ petition IS disposed of directing respondents No.2 to release the subject vehicle of the petitioner i.e. G.Yellow Auto Rickshaw bearing registration No.TS04 UC 3446 seized in connection with C.o.R. No.817 0f 2024 dated 26.72.2024 arising out of Crime No.230 oI 2024 dated 19.09.2024 subject to the conditions of the petitioner furnishing Fixed Deposit Receipt (FDR) for a sum of Rs.10,000/- (Rupees ten thousand only) The release of the vehicle shall be subject to the confiscation orders that may be passed by respondent No.2 under Section 46 of the Act. The petitioners are directed not to alter the physical features of the vehicle and not to alienate the vehicle until confiscation .. proceedings are finalised. Respondent No.3 - the Station House Officer, Prohibition and Excise, 4 Mahabubabad, shal1 communicate to the concerned Motor Vehicles Inspcctor bv making an entry that the vehicle is seized in connection with C.O.R. No.317 of 2024. There shall be no order a..i to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition star-rd closed. I To, * //TRUE COPY// SD/-V. KAVITHA ASSISTANT REGISTRAR N; OFFICER

1. The Principal Secretary. Department of Prohibition anc Excrse, Secretariat, T S ,Hyderabad

2. The Deputy Commissioner of the Prohibition and Excise, Mahabubabad District, Having office at Warangal, T.G. Mahabubabad District, T.G.

3. The Station House officer of the P.S., Mahabubabad, F'}rohibition and Excise, 4 The Station House officer of the P.S., Kuravi, Kuravi Mandal, Mahabubabad 5. Qne CC to SRl. MALOTHU RAVEENDAR, Advocate [OPUC] 6. Two CCs to GP FOR PROHIBITION EXCISE ,High Cou( for the State of Drstrict, T.G. Telangana at Hyderabad [OUT]

7. Two CD Copies B IvI BS T .''' HIGH COURT DATED:0310212025 / i ,rl ,I ORDER WP.No.2934 ot 2025 , irE STr'1-s ,ji i ? 1 t4Afi 2[25 P a * !e.SPATC * DISPOSING OF THE WRIT PETITION WITHOUT COSTS