Telangana High Court
WP/34988/2023 of Konda Avinash Vs The State of Telangana on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 34988 OF 2023 Between: Konda Avinash, S/o Venkataramana, Age 24 years,
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HIGH COURT FOR THE STATE OF TELANGANA [AT ][HYDERABAD](Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH [DAY OF DECEMBER]TWO THOUSAND AND TWENTY [THREE]
PRESENT
THE HONOURABLE SRI JUSTICE [C.V. ][BHASKAR ][REDDY]
WRIT PETITION NO: 34988 OF [2023]
Between:
Konda Avinash, S/o Venkataramana, [Age ][24 ][years, ][Occ ][Owner of the TATA]Votor lntra Vehicle bearing [No. ][AP ][3tUN ][0491, ][Fl/o. H.No.20-'18-356' ][DS]Nagar, 2nd line, Etukur road, DS [Nagar, Guntur, Andhra Pradesh- 522003-]
...PETITIONER
AND
1The State of Telangana, [Rep. ][by its ][Principal Secretary, ][Prohibition ][and]Excise Department, Secretariat, [Hyderabad.]Excise Department, Secretariat, [Hyderabad.]
2The Deputy Commissioner [of ][Prohibition ][and ][Excise, Warangal, ][Warangal]District.District.
.7The Station House Officer, [Nellikudur, Prohibition ][and ][Excise ][Station,]Mahabubabad District.Mahabubabad District.
.,.RESPONDENTS
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 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 TATA [ltrlotor ][lntra ][Vehicle bearing No. ][AP 39 ][UN ][0491]seized in FIR No. 178t2023 [dated ][24- ][10- ][2023, seized ][of ][petitioners 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.]
lA NO: 1 OF 2023
Petition under Section [151 CPC praying ][that ][in ]the circumstances statedin the affidavit filed in support [of ][the ][petition, ][the ][High ]Court may be [pleased ]todirect the 2nd [respondent ][to ][release ][the ][Petitioner's TATA ]Motor lntra Vehiclebearing No. [AP ]39 [UN ][0491 ][seized ][in ][FIR No. ][17812023 ]dated 2411012023,pending disposal of the above writ [petition.]
Counsel for [the Petitioner: ][SRI ][V.BRAHMAIAH ][CHOWDARY]
Counsel for the [Respondents: ][AGP ][FOR PROHIBITION ]& EXCISE
The Court made [the ][following: ][ORDER]
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THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.34988 OF 2023
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ORDER:
This Writ Petition, under Article 226 of the Constitution ofIndia, is hled seeking to declare the action of respondent No.2 innot releasing the petitioner's TATA Motor Intra vehicle bearingNo.AP-39-UN-O491, which was seized in FIR No.178 of 2023,dated 24.10.2023, as arbitrary and illega-i and consequently torelease the same in favour of the petitioner.
Heard learned counsel learned counsel for the pelitioner the pelitioner pelitioner and
2. Heard learned counsel learned counsel for the pelitioner the pelitioner pelitioner andlearned Assistant Government Pleader for Prohibition andExcise appearing for the respondents. Perused the record.
3. The petitioner is the registered owner of TATA MotorIntra vehicle bearing No.AP-39-UN-0491. It is the case of thepetitioner that the accused person, without the knowledge of thepetitioner, has taken the subject vehicle for transportation ofcontraband and when the petitioner not cooperated with thedemands of the respondent authorities, respondent No.3 seizedthe vehicle and registered a case in Crime No. 178 of 2023, dated24.10.2023 for the offence punishable under Section 34 [(e) ]ofthe Telangana Excise Act, 1968 (for short, 'the Act, 1968J.
4.
4. The contention of learned counsel for the petitioner ris that Section 45 of the Act, 196g provides that whenever anoffence has been committed, which is punishable under the Act,1968, the things mentioned in Section 45 of the Act, 196g areliable for confiscation. Section 46 of the Act, 196g mandatesthe authority competent to seize the items mentioned in Section45 of the Act, 1968 to produce before the Deputy Commissionerof Prohibition and Excise. On production of the seized property,the Deputy Commissioner is required to conduct proceedings forconfiscation and if he is satished that an offence is committedunder the Act, 1968 he may order for confiscation of theproperty seized. The Deputy Commissioner is also authorized toconduct public auction or dispose of the property soconl-rscated. Against the order of the conliscation, an appealwould lie under Section 46-C of the Act, 196g. Learned counselfor the petitioner further submitted that this Court has passedseveral orders directing the respondents to release the seizedvehicles subject to the petitioner depositing the value of thevehicle and also furnishing an undertaking that pendingconfiscation proceedings, the vehicle shali not be alienated.
5. Having regard to the consistent view taken by thiscourt, the petitioner is also entitled to the relief of directing f .'iri ffii'
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To,
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respondents to release the [vehicle ]in [his favour. ][Accordingly,]the Writ Petition [is ][disposed ][of ][with ][the ][following directions:-]
(i) Pending final orders to be [passed ]in [conhscation]proceedings, respondents are directed [to ][release ][the ][TATA]Motor Intra vehicle bearing No.AP-39-UN-O491 [in ][favour]of the petitioner on his furnishing [fixed ][deposit ][of]Rs.50,OOO/- (Rupees Fifty Thousand [only).]
(ii) The petitioner is further directed not to [encash ][the]hxed deposits or create lien or [mortgage ][on the ][frrxed]deposits till the conclusion of [conhscation ][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 an 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 changing the [major]parts and features.
(v) The petitioner shall furnish an undertaking [that ][he]should produce the [vehicle as ][and ][when directed ][by ][the]concemed Court or competent [authority.]
Miscellaneous petitions, if [any, ][pending ][in ][this ][Writ]
Petition shall stand closed. [There ][shall ][be ][no order ][as ][to ][costs.]
ASS's??,\ilx:38+f;iR//TRUE COPY//secloru#rrcen i b i t io n a n d E xc i seDepartment, Secretariat, I?3" :'J:"J :3i,P"'SI?E i]; n? lj lj , I[:r,.rr:rr,, Commissioner of prohibition and Excise, Warangat, Warangat
3. The Station HouseMahabubabad District.[Officer, ][Nellikudur, ][prohibition ][and ][Excise ][Station]Mahabubabad District.[Officer, ][Nellikudur, ][prohibition ][and ][Excise ][Station]
4. One CC to SRt V.BRAHMATAH CHOWDARY, Advocate IOPUCI
5. Two CCs to Gp FOR pROH.tqtTtON & Telangana at Hyderabad EXC|SE, High Court for the State of[OUTITelangana at Hyderabad EXC|SE, High Court for the State of[OUTI
6. Two CD Copies
BSRGJP
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HIGH COURT
DATED: 2911212023
ORDER
WP.No.34988 of 2023
DISPOSING OF THE WRIT PETITION,WITHOUT COSTS
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