Bhukva Sheker v. State of Telangana

Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fited therewith, the High court may be pleased to issue a writ or order, more particularly in the nature of writ Mandamus, the action of the 2nd respondent in issuing instructions for public auction of the two- wheeler vehicle bearing No. TS-18-7221, vide impugned proceedings in Proc. Cr. No. B1l310/DG N2O25, dated 14-11-2025, without waiting for the outcome of coR No. 398/2025, as illegal, arbitrary, and unjust and consequently direct that the petitione/s aforesaid vehicle be released forthwith. lA NO: 1 oF 2026 Petition under section 151 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 to forthwith release the petitioner's two-wheeler Bajaj Pulsar Bike bearing No.TS-18-7221 pending disposal of the above writ petition. Counsel for the Petitioner: SMT. G. SUJATHA Counsel for the Respondents: Ms. SHILPA' ASST. GP FOR PROHIBITION & EXCISE The Court made the following: ORDER IN THE IIIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL w.P 2026 Between: Bhulrya S;heker AND ...petitioner The State of TelaTgana, Rep. by its Principal Secretar5r, Departme, nt of Prohibition and Excise, Secretariat Building, Secretariat, Hyderabad and 2 others. ...respondents ORDER This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief/s:- "..............to declare the action of the 2"d respondent in issuing instructions for public auction of tlre two-wheeler vehicle bearing No. TS-18-722L, vide impugned proceedings in Proc. Cr. No. Bl / .3LO IDCA/ 2025, dated L4-11-2O25, without waiting for the outcome of COR No. 398/2025, as 2 EW,J W-P-No.5325 of 2026 .\ illegal, arbitrary, and unjust and consequently direct that the petitioners aforesaid vehicle be released forthwith, and pass such other orders.'

Heard Smt. G. Sujatha, learned counsel for the petitioner and Ms. Shilpa, learned Assistd.nt Government Pleader for Prohibition and Excise, appearing for the respondents. Perused the material available on record.

The petitioner claims to be the registered owner of the two-wheeler vehicle bearing Regn. No. TS-L8-7221. The said vehicle was seized in C.OR No.398 of 2o25 dated L3-O8-2O25 which was registered for the offences punishable under Section 7 (a) read with 8 (e) of TS Prohibition Act, 1995 (for short "the Act, 1995') on the allegation that the petitioner was carrying ID liquor. Thereafter, he was issued notice dated t7-Og-2025 to submit his explanation. The petitioner has submitted his explanation. However, without considering his explanation, the 2"d respondent has issued impugned proceedings dated L4-|L-2O25 stating that the seized. property is confiscated to the State of Telangana and that the said conliscation order is subject to the appeal to be preferred before the J EVV,J W.P.No.5325 of2026 Commissioner of Prohibition and Excise, Hyderabad, within 60 dalrs from the date of issue of that order as provided under Section 456 (c) ofTS Excise Act, 1968. 4-. Iearned counsel for the petitioner would submit that thre petitioner himself is the owner of the vehicle, and if the vehicle is not released, it would be put to irreparable loss. FIe submits that if the vehicle is exposed to air, sun and rrtin, there is every possibility of the vehicle getting damaged and hence, seeks interim custody of the vehicle. He fu:rther relied on the decisions reported in Jagtar Singrq, Son of Dhgo;n Singh o. SCate of Rajasthant, Kishore Kumar Choudhury o. S:tqte of Orissaz and Vlaish. Ahmed. a. State of West Bengals, wherein the High Courts of Rajasthan, Orissa and Calcutta, released the vehicle s seized under the Act, on certain terms and conditions. Further, in Surend, erbhai Anbalal D*ai u. State of Qujarat,+ the Honble Apex Court has.laid dovm that in case of vehicle seized during investigation, it should r 2Ol7 L.rw Suit (RaJ., 2379 2 2OU lrlw Suit (Ori.l 2/rc 3 2017 LErv Sutt (Cal.l 22 4 (2(x)21 XO SCC 283 4 EVV,J W.P.No.5325 of 2O26 not be allowed to deterioration and kept unused and unattended in the premises of the Police Station. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.

Since there is no dispute with regard to the ownership of the vehicle and having regard to the principles laid down by various High Courts and Honble Apex Court in the decisions stated supra, this Court is inclined to grant interim custody of the vehicle bearing Regn. No- TS-18- 722t, which was seized in COR.No.398 of 2025 on the file of the 3'd respondent-Inspector of Prohibition and Excise, Nirmal Police Station, Adilabad District, in favour of the petitioner subject to the petitioner filing an appeal before the Commissioner of Prohibition and Excise, Hyderabad, and on such filing of the appeal, the said authority is directed to consider the case of the petitioner and release the vehicle of the petitioner bearing Regn. No. TS-L8-722L, with the following conditions:- (i) The petitioner shall furnish surety for a sum of Rs.10,0OO/- (Rupees Ten Thousand only) in the form of a 5 EW,J W.P.No.5325 of2O26 Fixed Deiaosit Receipt (FDR), which shall not be released or returned until the conclusion of trial in crime No. 398 of 2025 on the file of the 3'd respondent Inspector of Prohibition and Excise, Nirmal station, Adilabad District. (ii) The petitioner shall grve an undertaking to produce the vehicle as and when required either by the Investigat:ing Agency or by the Court and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle.

As a sequel, the miscellaneous petitions pending, if any, shall stand closed. L To, SD/. A.H.S. GOWRI SHANKAR REGISTRAR //TRUE COPY// SECTION OFFICER

The Prinr; ipal Secretary, Revenue (Excise) Department, The State of Telangana, T.S. Secretariat, Hyderabad.

2. The Deptrty Commissioner of Prohibition and Excise, Adilabad Division, Adilabad clistrict.

3. The lnspector of Prohibition and Excise, Nirmal Station, Adilabad district. 0w1,.. AEFENIE ,'il:E f') 1 I i j i I I I i i

One CC to SMT. G. SUJATHA, Advocate [OpUC] 5' Two CCs to GP FOR PROHIBITION & EXCISE, Hign Court for the State of 6. Two CD Copies Telangana IOUTJ BN \ {!. '44 I f1 4 HIGH COUR]T DATED i2010212026 ORDER .No.5325 of 2026 '[ ltg 5 i4 o L.t 2 5 ilAR 2026 Z , I * :'.. . ,. ..1 !t: :r DISPOSING OF THE WRIT PETITION WITHOUT COSTS K5 <s/s/,*