High Court · 2025

...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any appropriate writ, order or direction one more particurarry one in the nature of writ of Mandamus, decraring that the action of the respondent No 2 and 3 questioning the action of the respondent No.2 and 3 in not rereasing the Petitioner's ERTT.A car No.Ap 2s AM 0561 in crime/coR. No.45 of 202s, dt. 22 '03 '2025 0n the fire of proh. and Excise station, Bhainsa, Nirmar District inspite of readiness to furnish the third party surety, as being iilegar, arbitrary and unjust, and consequenry direct the Respondents to rerease the vehicre ERTIGA car No.AP 25 AM 056.1 infavour petitioner forthwith. lA NO: 1 oF 202s Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the Respondents to rerease the petitioner's vehicre ERTTGA car No.Ap 25 AM 0561 seized in crime/ coR. No.45 of 202s, dt. 22.o3.2o2son the fire of prohand Excise station, Bhainsa, Nirmar District in my favour forthwith, pending disposar of the main Writ Petition. Counsel for the petitioner: SRI A.TEJASWI Counsel for the Respondents: Gp FOR PROHIBITION EXGISE The Court made the following: ORDER THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.11362 ol 2025 ORDER Heard learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. Shorn of unnecessary details, the case of the petitioner, in brief, is that respondent Nos.2 and 3 are not releasing the petitioner's Ertiga Car bearing No.AP 25 AM 0561 seized in connection with Crime/COR No.45 of 2025 dt.22.03.2025 on the file of Prohibition and Excise Station, Bhainsa, Nirmal District, alteging that the petitioner was carrying non-duty paid liquor therein and seeks for release of the vehicle.

3. By contending as above, the petitioner has placed reliance on the order of the Coordinate Bench of this Court in W.P.No.31085 of 2023 dt.08.11.2023.

4. Per contra, learned Government Pleader for Prohibition and Excise appearing on behalf of respondent Nos.1 to 3 would submit that the petitioner was found carrying non-duty paid liquor of 56.64 liters and on the authorities finding the aforesaid liquor being carried in the subject 2 vehicle, have registered a case, vide COR No.45 of 2025 dt.22.03.2025 and seized the vehicle

5. Learned Government Pleader would further submit that this Court in similar circumstances in W.P.No.15264 of 2022 dt.25.03.2022 had directed the petitioner to approach the Deputy Commissioner by making an application and on such application being filed, the Deputy Commissioner was directed to consider the same in a time bound manner.

6. Learned Government Pleader further submits that since the petitioner in the present case is similarly situated, he may be directed to approach the .2nd respondent-Deputy Commissioner, by making an application under Section 46 of the Telangana Excise Act, 1968 (for short, 'the Act') seekinq release of the subject vehicle.

7. I have taken note of the respecttve contentions urged. B. Though the petitioner had claimed that the subject vehicle was given to his friend, who was carrying the non-duty paid liquor for which, the respondents-authorities have registered a Crime/COR No.45 of 2025 dt.22.03.2025 and seized the subject vehicle. This Court in W.P.No.15264 of 2022 had directed the petitioner to approach the 2nd respondent- Deputy Commissioner by making an application under Section 46 of the Act seeking release of the vehicle involved therein in connection with COR 3 and the authority to whom such an application is made, was directed to consider and dispose of the same in accordance with law in a time bound manner.

9. Since in the facts of the present case, the petitioner's vehicld having been seized by the 3'd respondent authority, in connection with Crime No.45 of 2025 dt.2.03.2025, this Court is of the view that the petitioner should be directed to approach the 2nd respondent by making an application under Section 46 of the Act seeking release of Ertiga Car bearing No.AP 25 AM 0561 and on such application being made by the petitioner/owner, the 2nd respondent authority shall conslder and dispose of the same in accordance with law, as expeditiously as possible preferably within a period of two weeks from the date of petitioner submitting the application.

10. Further, the 2nd respondent, while considering the aforesaid application shall also take note of the decision of the Apex Couft in the case of Sunderbhai Ambalal Desai v/s. State of Gunia( and also the recent decision of the Apex Court in Bishwaiit Dey v/s. The State OfAssanf. ' (zooz) ro scc za: 'crl.A.No.87 of 2o2s dt.ol -oL 2025 4 l

11. Subject to above observation and direction, the Writ petition is disposed of. No order as to costs. rt. Miscellaneous petitions, iF any, pending in this writ petition shall stand closed //TRUE COPY// SD DEPUTY l-v. !THA G TRAR SECTION FFICER To PSK.

1. The Principal Secretary, Proh and Excise Department Secretariat, Hyderabad,

2. The Deputy Commissioner of Prohibition and Excise, Adilabad at Adilabad, State of Telangana. Adilabad District. Nirmal District.

3. The Station House Officer, Prohibition and Excise Police Station Bhainsa 4. One CC to M/s A TEJASWI, Advocate [OPUC] 5. Two CCs to GP FOR PROHIBITION EXCISE, High Court for the State of 6. Two CD Copies Telangana, at Hyderabad. [OUT] HIGH COURT DATED:1 610412025 ORDER WP.No.11362 of 2025 CC TODAY 1HE ST4 rg ) /) ,P 1 7 APB 2025 1 '. .- ir ,','/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS