High Court · 2025

Petition under A(icle 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the in action of the 2nd respondent to release the Petitioner's vehicle No. AP 39 UF 4524 in Crime No. 14812025 dated. 27-O5-2O25, seized of petitioner's vehicle was being illegal, arbitrary and unjust also Article 14, 19,21 and 300-A of the Constitution of lndia and consequently direct the 2nd respondent to release of the vehicle to the petitioner forthwith. IA NO: 1 OF 2025 Petition under Section '1 51 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 2nd respondent to release the Petitioner's vehicle No. AP 39 UF 4524 in Crime No petition. 14812025 dated 27-05-2025, pending disgrosat of the above writ Counsel for the Petitioner: SRI LAXMAIAH KANCHANT counsel for the Respondent No.1 & 2: AGp FoR pRoHrEir--roN & ExcrsE Counsel for the Respondent No.3: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.LAKSHNTAN WRIT PETITION No.28678 OF 2025 ORDER: Heard Sri Laxmaiah Kanchani, learned counscl for the pctitioner and lcarned Assistant Government Pleader for Prohibition and Excise.

2. Petitioner is the absolute owner and posscssor of the car i.c. Tata Motors DCM, bearing registration No.AP-39-UF-452'1 (fbr short, 'the subjcct vehicle'). In proof of the same. he has filed copy of Registration Certificate (RC). On 27.05.2025, rvhile thc petitioner was transporting 10,290 kgs, of black Jaggery in the strb.iect vehicle, 3'd respondent seized the subject vehicle and registcred a casc iu Crime No.l48 of 2025 for the offence punishable under Section 34(e) of Tclangana Excise Act, 1968.

3. It is the specific contention of the petitioner hcrein that he has not transported the contraband illegally, but for the purpose of his kirana shop. The said vehicle is the only source of his livclihood. The vchicle is now in the custody of 3'd respondent. If the said vehicle is kept idle and exposed to Sun, rain and dust, it will get spoiled. Therefore, hc seeks to release the subject vehicle. \-I

2. 4 whc'cas, lcanred Asst.Govt. pleader for prorri rition and Excisc. on instructions, rvoulcr submit that the petitioner s transporling tl,rc aforesaid black .taggery, rllegarty in the sdbject vericle, if the subjcct 'ehiclc is rc-lcascd, thc pctitioner will again commit he similar olfencc and there is also possibility of altering the nature of tlr: vehicle.

5. In thc lrght of the aforesaid facts, it is releia rt to state that in Sundcrbhai Ambalal Dcsai vs. Statc of Gujaratr, tire Apex Coun hclci "vhatcvor bc the situation, it is of no use tc l.eep such_scized vehiclcs at thc police stations for a rong period. It is firr thc Magistratc to pass appropriale ordcrs immediatety by taking appx,priate bond and guara.tce as wcl as security for retum of the said vehi;res, if requircd at any point of tinrc. This can be done pending hearing ,,1 applications for rehrrn of such vchicles. various High courts in tht. .i.urgnients statcd above, aftcr rcfcrring to various provisions of Cr.I,C.. and also thc principlc laid dorvn in Sunderbhai Ambalal Desai ,l pra) orderecl to be rcleased the vchicles seized in the crimes for the . 1:,ccs under thc Act

6. This (l..rt vide order darcd 12.10.2020 in t- r .p. No.2662 of 2020, rclying upon rhe decisions in Jagtar Sing vs. Sta te of Rajasthan2 ' 1:oo:1 Itr scc: 2s-t - S.B.Crrrninal Mrsc ,,jl )\o.-1_i,ll q,1 2917,dated09.I1.20I7 3 (supra) and Waish Ahmed vs. The State of west Bengalr of different High Courls and also in Sunderbhai Ambalal Desai (supra) grantcd the rclief of interim custodv to the owner of the vehicle on certain conditions

7. In view of the principle laid down by the Hon'ble Apex Court and the respective High Courts in the judgments referred to above, coming to the case on hand, it is not in dispute that the petitioner is the owner of the subject vehicle and the same was seized in the above crime. He has also filed copy of Certificate of Registration w,hercin the name of the owner of the vehicle and registration number are spccificalty mentioned. The aforesaid crime is registercd for the offences under Section 34(e) of Telangana Excise Act, I 968.

8. The subject vehicle is of the year 2022. The vehictc is now in the custody of 3'd respondent. The subject vehicle is the onty sourcc of his livelihood. Therefore, the petitioner is entitled for rclease of the subjcct vehicle.

9. In the light of the aforesaid discussion, this writ petition is disposed of. 2nd and 3'd respondents are directed to give interim custody of the subject vehicle i.e. Tata Motor DCM, bearing registrarion No.Ap- 'C.R.R.No.382 of 2018, dated 18.01.2019 4 39-UF -4524 to the petitioner on proper verificatior of ormership with original certificate of registration on thc following cc,rrcitions:- i) Thc petitioner/owner of the silbject v:tr.cle shall furnish Fixed Dcposit Reccipt (FDR) for Rs.: ,00,0001 (Rupees Three Lakhs only) to the satisfaction of l"' respondent ii) Petitioncr shall deposit the origin rl certificate of registration in respcct of the subjec; ,,ehiclc with 2'd respondent. However, 2nd respondetLt shall issue its ccrtified copy to the pctitioner to ena:lc him to ply the vchicle on road without there-being any L irrdrance; and iii) Petitioner shall give an undertaking to tlLe effect that he shall produce the subject vehicle as iLrrl when required eithcr- befbre the lnvestigating Officer o. tefore the Court and thal. he shall not alienate, alter or cl,ange the physical features of the subject vehicle Consequerrtly, miscellaneous petitions, if any, p:rLding in this writ petition, shall stand closed //TRUE COPY// ):r .i -_:,]r.<_- SD/.MO rst!flArr- REGISTRAR SECTION OFFICER The Principal Secretary, Prohibition and Hyderabad, State of Telangana_ Excr D;pilrtment, Secretariat, T o 1

2. The Deputy Commissioner of Prohibition and Excise, z t Nalgonda, Nalgonda District.

3. The Station House Officer, Wadapally police Station, N irllyonda Districl.

4. One CC to SRt LAXMAIAH KANCHANI, Advocate tOpUCI 5. Two ccs to GP FoR PRoHrqrroN & EXCrsE, High court for the state of Telangana at Hyderabad [OUT]

6. Two CCs to GP FOR HOME, High Cou( for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies BSR BS HIGH COURT DATED: 2610912025 t ORDER WP.No.28678 of 2025 ,., /., , |:, 1 :i it[T '). \, \'-., j. '" -\ v,,: \\. zsfi ili .,., Ij .,:.,,, DISPOSING OF THE WRIT PETITION, WITHOUT COSTS ,// /.<. /3 y'o ,/"?1