Sri Pathlavath Vinod v. The State of Telangana & Ors.

Petition Under Article 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 [\,4andamus declaring the action of the Respondents in seizing the Maruthi Ertiga car bearing No. TS 07 HZ 1034 along with the Chasis No. bearing MA3BNC32SNA42B06B belongs to the Petitioner without following any procedure under statutes contemplated under Section 34A TS Excise Act, 1968. as being illegal, arbitrary and against the principles of natural justice and violative of Articles 14,21 and 300-4 of Constitution of lndia and consequently direct the respondents to release the lvlaruthi Ertiga car bearing No. TS 07 HZ 1034 along with the Chasis No. bearing IMA3BNC32SNA42B06B of the Petitioner forthwith. t.A. NO:1 OF 2025 Petition Under Section 15'l 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 release the Maruthi Ertiga car bearing No. TS 07 HZ 1034 atong with the Chasis No. bearing MA3BNC32SNA42806B belongs to the Petitioner forthwith pending the disposal of the above writ petition. Counsel for the Petitioner : SRI THAKUR RISHAB DEV SINGH Counsel for the Respondent Nos.'l & 2 : AGP FOR PROHIBITION EXCISE Counsel for the Respondent No.3 : AGP FOR HOME The Court at the stage of admission made the following ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR II/RIT PETITION No.37833 of 2025 DATED: 2O.OL.2O26 Between: Sri Pathlavath Vinod. AND The State ofTelangana Represented by its Principal Secretary, Excise Department, Secretariat, Hyderabad and 2 others. ...Petitioner .,.Respondents ORDER: Heard learned counsel lor the petitioner and learned Assistant Government Pleader for Excise ald Prohibition appearing for respondents. With their consent this writ petition is taken up for disposal at the admission stage itsell

#2. This writ petition is liled seeking following prayer:- o...the action of the respondents in seizing the Mantthi Ertiga car bearing No.TS-07-HZ-1034 along tuith the Chasis bearing No.MA3BNC32SNA42806B belongs to the Petitioner u,tithout follouing any procedure under statutes contemplated under Section 34A T.S. Excise Act, 1968 as being illegal, arbitrarg arud against the pinciples of natural justice and uiolatiue of Articles 14,21 and 3OO-A of -) Constitutiott of lndia and consequentlg direct the respondents to release the Mctruthi Ertiga car beanng No.TS-07-HZ-1034 along u,tith the Chasis beaing No. MA 38 NC3 2 SN A42 B 0 68 of the petitioner... "

#3. Learned Assistant Government Pleader for Excise and Prohibition appearing for respondents placed on record the instructions issued by the Deputy Commissioner of Prohibition ald Excise, Ranga Reddy Division submits that a notice was issued to the owner under Section 46,4 of the T.G. Excise Act, 1968 wherein it is stated that on the 1.t day of December,2025 at about 20:05 hours, the Station House Officer, Maheshwaram Police Station conducted route watch at Mansanpally X Road, Maheshwaram and seized the vehicle and contraband for illegal Possession/ transportationof IML/ Beer illegal possession/transportation of IML/Beer under the cover of panchanama. The following Items were seized: 1 . Maruthi Ertiga Car Bearing No.TS-07-HZ- 1034.

#2. 156 bottles King Fisher beer (65Om1).

#3. 192 bottles Imperial Blue Whisky (1BOml). A case has been registered uide F.I.R. No.455/2O25 dated

02.12.2025 by the Station House Officer, Maheshwaram Police Station under Section 3 (a) T.G. Excise Act, 1968. The accused was arrested and samples were sent to Chemical Analysis. The contraband (excluding samples) were produced before the Deputy Commissioner of Prohibition and Excise, Ranga Reddy Division J alleging that the said contraband was being transported and held in possession in violation of provisions of T.G. Excise Act, 1968. Under the above said circumstances, the owner of the vehicle/accused persons were called upon to submit their explanation.

#4. Per contra, learned counsel for the petitioner submitted that no notice had been served on the owner of the vehicle. Hou, ever, on instructions, learned counsel for the petitioner having received a copy of the Notice to the Owner of the Property issued under Section 46A of the T.G. Excise Act, 1968, dated t5.t2.2025.

#5. Learned counsel lor the petitioner lurther submits that this Court, in a similar set of facts and circumstances, passed an order dated 15.09.2023 in W.P. No. 25740 ol 2023, subject to certain conditions. The petitioner herein undertakes to comply with and abide by the very same conditions as imposed in the said order.

#6. The learned Assistant Government Pleader for Excise and Prohibition submits that insofar as the order passed in W.P. No. 25740 ol 2023 dated 15.09.2023 is concerned, the petitioner is required to comply with the conditions imposed therein, and accordingly reports no objection. I

#6. Recording the aforesaid submission of learned counsel on either side, this writ petition is disposed of, directing the petitioner to respond to the notice Section 46A of the T.G. Excise Act, 1968 and respondents are directed to release of vehicle in tetrns of order passed in w.p. {fu.zsz+o of 2025 dated 15.09.2023, with the following conditions:- (i) Pending final orders to be passed in confiscation proceedings, respondents are directed to release the Maruthi Ertiga Car Bearing No.TS-O7-HZ- 1034 on petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs. 1,00,000/-. (ii) The petitioner is further directed not to encash the fixed deposits or create lien or mortgage on the fixed deposits till the conclusion of confiscation proceedings. (iii) The petitioner shall produce original R.C. Book of the vehicle at the time of release of the vehicle. (iv) The petitioner shall furnish undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without challenging its major parts and features. (") The petitioner shall furnish undertaking that he should produce the vehicle as and when directed by the concerned Court or competent authority / /

#7. Accordingly, this writ petition is disposed of' Miscellaneous applications, if any pending, shall stand closed' There shall be no order as to costs. /iTRUE COPYII SDi. A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR I 6 SECTION OFFICER To at Hyderabad. Rangareddy District. District.

#1. The Principal Secretary (Excise), Department, Secretariat, State of Telangana

#2. The Deputy Commissioner of Prohibition and Excise, Maheshwaram Division,

#3. The Station House Officer, Maheshwaram Police Station, Rangareddy

#4. Two CCs to GP FOR PROHIBITION AND EXCISE, High Court for the State of Telangana at Hyderabad. [OUT]

#5. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

#6. One CC to SRI THAKUR RISHAB DEV SINGH, Advocate [OPUC] 7. Two CD Copies SA GJP \q- 1 I{E S 7.4 2 { JtN 2021 /, (- (- \

#4. 1 HIGH COURT DATED:2010112026 ORDER WP.No.37833 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. \6o--{.N'