The High Court · 2025

Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an appropriate Writ, Order or Direction, morJ particularly one in the nature of Writ .of Mandamus, to declare the action of the 2nd respondent in not issuing orders directing the 3rd respondent for release of the vehicle i.e., Ashok Leyland Dost bearing Reg.No. T5-28-T4-5640 seized in C.O.R.No. 62 of 2025 inspite of his readiness to furnish third party surety, as being illegal and arbitrary and consequently direct the respondents to release the above said vehicle by accepting the third party surety. lA NO: 1 OF 2025 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 pass orders directing the 2nd respondent herein to issue orders directing the 3rd respondent to release the petitioner's Ashok Leyland Dost vehicle bearing Reg.No. T5-28-T4-5640 r;eized in C.O.R.No. 62 of 2025, pending disposal of the Writ Petition. Counsel for the l'etitioner: SRI ARVAPALLI SHIVA SAI NATH Counsel for the llespondents: AGP FOR PROHIBITION EXrllSE The Court made the following: ORDER 7 HON'BLE SRI JUSTICE K. LAKSHMAN WRIT PETITIONNo.246l6 OF 2025 ORDER Heard Sri A. Shiva Sainath, learned counsel fbr the petitioner and leamed Asst.Govt.Pleadel for Prohibition and Excise.

2. The petitioner herein is absolute owner and possessor of the vehicle i.e. Ashok Leyland Dost bearing registration No.TS-28- 1',4-5640 (fbr short, 'subject vehicle'). In proof of the satne, he has filed copy of Registration Certificate (RC): The said vehicle was seized in COR No.62 of 2025 dated 12.04.2025 by Respondent No.3. The petitioner is A.2 in the said crime. A.1 is involved in the present crrme. The said crime was registered for the offence punishable under Section 34(e) ofthe Telangana Excise Act, 1968 The allegation leveled against him is that he was illcgal[y' transporling 72 kgs. of Jaggery in 04 boxes, each box contains 18 kgs. and 05 kgs, of Alum in a white bag, in total 360 Kgs, of Jaggery and l5 Kgs, of Alum in the subject vehicle 3, It is the specific contention of the petitioner herein that the r.r,hite,laggary is an agricultural produce, and its sale, purchase and ) I { transport is not prohibited. White jaggary is not i rtoxicant nor a prohibiterl corlrnoditl,.'l-he vehicle is very essential tbr making his livelihoorl. He has no knou,ledge of the iltegal trrnsporlation of contrabard in lris vehicle. Thc subject vehicle is novr in the custody of 3'd restondcnt. lf the said vehicle is exposed t< Sun, rain and dust, it will gct spoiled. Il the vehicle is not return:d to him, it is dilficult [l'hinr to makc his livelihood.

4. 'vVhercas, leamcd Asst. Govt.Pleader for l,rohibition and Excise, cn instructions. rvould submit that 2nd tespondent has issued shor,i cause noticc dated 22.05.2025. Fifteen ( l5) days time was granted to the petitioner to submit explanatic,n. But he has submittcd explanation onl1, on 22.08.2025. However, 2nd respondert rvill consider the said explanation and pasS orders in accordance uith lau,.

5.,\s cliscr-rssed supra, the subject vehicle was seized on

12.04.2025. It is kept in open place. If it is exposed t,) Sun, rain and dust, it will get spoiled. Keeping the vehicle with the 3"i respondent without ur e is of no use. J

6. In the tight of the aforesaid submissions, it is relevant to note that in Sunderbhai Ambalal Desai vs. State of Gujaratt, the Apex Courl held that whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. [t is fbl thc Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for retum ol- the said vehicles, if required at any point of time. This can be done pending hearing of applications for retum of such vehicles. Various High Courts in the judgments stated above, aftcr relerring to various provisions of the Act, including Sections - 52-A, 60 and 6i and various provisions of Cr.P.C., and also the principle laid down in Sunderbhai Ambalal Desai (supra) and Moha nlal(supra), ordered to be released the vehicles sliTed in the crirnes fbr the offences under the Act.

7. [n vicw of the principle laid down by the Apex Court and the respective High Courls in the judgments referred to above, coming to the case on hand, it is not in dispute that the petitioner is ow'ner of the above crime vehicle and the same was seized in the '(2oot) t0 sctc l8l I \ \1 -- -" '1 - above crin,e. 'fhc subject vehicle is 2021 make' [-[e has also fl1ed copy of Ceftihcate of RegistLation rvherein the name of the owner of the vehicle and registration number are specificallr mentioned'

8. Considering the lact that the petitionel is using the subject ve hicle fbr his Iir"elihood' The subject v:hicle can be released s.rbject to further procecdings under the I xcise Act' on certain ter ls.

9. Lr the tight ol thc afbresaid discussion, this writ petition is disposed t,f rvith the tbllowirrg directions:- i. 3"r respondent is directed to release the subj:ct vehicle i'e' i.e. Ashok [-eytand Dost bealing registration No'TS-28-TA- 5640 subjcct to condition of the petitioner ftrnishing Fixed Deposit Receipt (FDR) lor Rs'l'00,000/- (Rupeds one lakh onlY). ii. Thr: petitioncr shalt also furnish an undertakr ng that he will not alienate ot'change the physical features o1 the vehicle' iii. 3'd respondent shall write to the RTA alrthority not to tra rsfer the vchicle in iavour of any third par.ty' without clearance fi'orn the Excise Deparlment. ) IV Nccdless to say, rclcase ol the vehicle is sub.iect to the orders that shatt be passed by 3'd respondent authority pursuant to the enquiry to be conducted under the provisions of the Excisc Act Liberty IS granted to 2nd respondent to pursue with the enquiry pulsuant to the show cause notice daled 22.05.2025 by considcring the explanation dated 22.08.2025 subrnitted by thc pctitioner. Conscqucntly, miscellaneous petitions, if any, pending in this rvrit petition, shail stand closed SD/.T. SRINIVASA REDDY A-SSISTANT REGISTRAR / b-'/ I SETTION OFFICER //TRUE COPY// Hvderabad' State of Telangana' ',. ,n" Principal Secretary, Revenue (Excise) Department' Secretariat' , i#Hfilv 6t?-,"-itdl6'i"'?'Fiorr' ana Excise' Khammam' Khammam a. ?i-rtts[,,"" House officer, Kothagudem Proh and Excise Station Bhadradi 4 b;:'Ati;'5 rii'XCVnpnr-Lr s H rvA s4r. NArIH r sTwoCCstoGPeonbiibTjreiiroi.riictse'HighCourtfortheStateot - reringina' at HYderabad [OUT] Advo cate IoPU cl Kothaoudem District' 6 PSK. BS Two CD CoPies k\ HIGH COURT KL,J DATED:02t0912025 ORDER WP.No.24616 of 2025 .\ -.:\ iSg 1 P 2U5 1 \ 1 D L) 2 _t a.' DISPOSING OF THE WRIT PETITION WITHOUT COSTS fA- ) f