Telangana High Court
WP/24112/2020 of Gundu Vikram , Gandu Vikram Vs The State of Telangana on 30 December 2020
THE STATE OF TELANGANA AT HYDERABAD Between: Gundu Occ. Bu AND 1 2 Vikram @ Gandu Vikram, S/o Shettaiah, aged siness, R/o-Kakathiya Nagar Colony. L.B.Nagar, Ranga about 31 years, Reddy District. ...PETITIONER The State of Telangana, Rep. by its Principal Secretary. Home Department, Secretariat
HIGH COURT FOR THE [STATE ][OF ][TELANGANA]AT HYDERABAD
(Special Original Jurisdiction)
WEDNESDAY ,THE THIRTIETH [DAY OF ][DECEMBER]TWO THOUSAND AND [TWENTY]
PRESENT
THE HONOURABLE SRI JUSTICE [P. NAVEEN ][RAO]
WRIT PETITION NO: 24112 [OF 2020]
Between:
GunduVikram @ Gandu [Vikram, ][S/o ][Shettaiah, ][aged]about 31 [years,]Occ. Business, R/o-Kakathiya Nagar [Colony. L.B.Nagar, ][Ranga]Reddy District.
...PETITIONER
AND
1The State of Telangana, [Rep. by its Principal Secretary. Home ][Department,]Secretariat Building, Secretariat, [Hyderabad.]Secretariat Building, Secretariat, [Hyderabad.]
2ihe Commissioneiof Police, [Rach-akonda ][Commissionerate, Rachakonda']Hvderabad,Hvderabad, Hvderabad,3ili" Strtion House Officer, [L.B. Nagar Police Station, Ranga Reddy District']4c.Venljtaiarr, Sub-lnspecior [of Poiice, L.B. Nagar Police Station, Ranga ][Reddy]District 4c.Venljtaiarr, Sub-lnspecior [of Poiice, L.B. Nagar Police Station, Ranga ][Reddy]District
...RESP.NDENTS
Petition under Article 226 of [the ][constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated [in ][the ][affidavit ][filed ][therewith, ][the ][High ][court ][may ][be ][pleased]toto issue an order or direction [more ][particularly ][one ][in ][the ][nalure ][of ][writ ][of]l\,4andamus declaring the [inaction ][of ][the ][respondent ][No.3 ][in ][non-releasing ][the]material of the [petitioner, ][which ][is ][seized by ][the 3rd ][respondent ][in ][cr.No.1198 ][of]2020, dated 21 .10.2020 on [the ][file ][of ][the L.B. ][Nagar Police ][station ][L and ][o ][basrng on]the representation of lhe [petitioner ][is ][highly illegal, arbitrary, unconstitulional, ][unjust]and in violation of Principles [of ][Natural ][Justice and also ][in ][violation of Articles 14, ][19](1) (g) and 21 of the constitution of [lndia and consequently ][to ][direct ][3rd ][respondent]io nanO over the seized [materials ][i.e., ][Tobacco ][products to ][the ][petitioner.]
IANO:1OF220
Petition under Section [15'1 ][CPC ][praying ][that ][in ][the circumstances stated ][in ][the]affidavit filed in support [of the ][petition, ][the ][High ][court ][may ][be ][pleased ][to ][dire_cl ][3rd]iespondent to hand over [the ][seized materials i.e., Tobacco ][products ][to ][the ][petitioner]pending disposal of the writ [petition.]bornsll for the Petitioner: [SRI ][RANGAIAH MACHERLA ][FOR]SRI RAPOLU BHASKAR
Counsel for the Respondent [Nos.1 ][to ][3: ][AGP ][FOR HOME]Counsel for the Respondent [No.4:------']
The Court made the [following: ][ORDER]
HONOURABLE SRI [JUSTICE ][P.NAVEEN ][RAO]WRIT PETITIoN NO.2 4Ll2 [0F ][2020]
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ORDER:
Heard learned counsel [for ][petitioner, ][and ][the ][learned]Assistant Government [Plcader ][for ][Home ][for ][respondents]
2. On 21. 1O.2O2O at about [1830 ][hours complaint ][was ][received]from Sri C.Venkataiah, [Sub-lnspector ][of ][Police, ][L'B ][Nagar,]Rachakoncla Commissionerate [alleging ][that ][on ][the ][said date, ][on]credible information that [an ][unknown ][person selling ][Tobacco]products in house no.3-2-151, [Road ][No.2, ][Shathavahana ][Nagar]the [complainant ][obtained permission ][from ][the]Coiony, L.B.Nagar, Assistant Commissioner [ol ][Police, L.B.Nagar ][Division ][and ][he along]with patrol mobile staff and [two ][panchas have ][conducted ][raid ][over]the said house and found that [the ][accused ][was selling ][gutkhas,]pan masalas illegally to the [common ][public ][to ][gain ][wrongful]profits. The complainant seized [the ][various ][quantities of ][gutkhas]and pan masalas. Based on [the complaint, Crime ][No.1 ][198 of ][2O2O]was registerecl on 21. 10.2O2O in [L.B ][Nagar Lau' ][and ][Order ][Police]Station.
3. Petitioner being the accused [in ][the ][said ][crime ][liled this writ]petition praying to declare the action of [the ][respondent-Police in]not releasing the material seized [in ][connection ][with ][the ][above]crime, in spite of submitting [representations, ][as ][illegal ][and]unconstitutional.
4. Learned counsel for petitioner alleges that [the ][property]seized is not kept in the custody of the Court, [and ][Police ][continued]to keep the said property with them, and such action [is ][illegal.]
j
5. Learned Assistant Government Pleader produced photocopyoi list of properties sent to the Magistrate Court on 22.1O.2O2O.Thc items mentroned in the crime were setzed ancl sct'rt to theMagistrate Court. The learned Assistant Government Plcader alsoplaced belorc the Court a photocopl,of application m:rcle belore theII Additional Metropolitan Magistrate-cum-Additional .Junior CivilJudge, Cyberabad at L.B.Nagar, received by the Court on28.1O.2O2O, praying to grant permission to destroy the seizedproperty.
6. Having regard to the said documents, it cannot be said thatseized property remained with the Police. If petitioner hasgrievance on the decision ol the Police to destroy the property, hehas to file appropriate application / obj ection in that regard,Granting said liberty, Writ Petition is dismissed. Pendingrnisccllaneous pl]titions shall stand closcd.
SD/.K.ONESIMASSISTANT REGISTRAR//TRUE COPY//h-''SECTION OFFICER
To,
1 . One CC to Sri Rapolu Bhaskar, Advocate [OPUC]2. Two CCs to GP for Home, High Court for the State of Telanganaat Hyderabad. [OUTI3. Two CD Copies2. Two CCs to GP for Home, High Court for the State of Telanganaat Hyderabad. [OUTI3. Two CD Copies SM
HIGH COURT
DATED:3O11212O20
ORDERWP.No.24112 ot 2020
DISMISSING THE WPWITHOUT COSTS
1HET4o,07 JAN2o2t*)eU