WP/35047/2023 of Kasapogu Dastagiri Vs The State of Telangana on 29 December 2023

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

WRIT PETITION NO: 35047 OF 2023

Between:

Kasapogu Dastagiri, Sio Eedanna, aged about 43 years, R/o 4-3-'135/438,Raganayakulagutta, Hayatnagar, Ranga Reddy District -501505.Raganayakulagutta, Hayatnagar, Ranga Reddy District -501505.

...PETITIONER

AND

1The State of Telangana, represented by its.principle Secretary, HomeDepartment, Telangana Secretariat, HyderabadDepartment, Telangana Secretariat, Hyderabad 2The Station House Office/Checking Officer, Hayatnagar Police Station,RangaReddy District.Reddy District.

3The Commissioner of Prohibition and Excise, Telangana State, Hyderabad

...RESPONDENTS

Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ of lVlandamus or any other appropriate writ, order ordirection, declaring the action of the respondents .in seizing and continuingdetention of the petitioner's Auto Rickshaw vehicle bearing Registration No. AP-29-TB 3667 under FIR 133112023, dated 28-1 1-2023 as illegal, arbitrary and29-TB 3667 under FIR 133112023, dated 28-1 1-2023 as illegal, arbitrary andfurther direct the respondents to release. the petitioner's Auto Rickshaw vehicleinvestigatio nienq u iry forthwith.investigatio nienq u iry forthwith.

lA NO: 1 OF 2023

Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased todirect the respondents herein to release the petitioner's Auto Rickshaw vehicle bearing registration No. AP-29-TB 3667 seized by the 2nd respondent under FIR133112023, dated 28-1 1-2023.

Counsel for the Petitioner : SRI SHAIK ABDUL KALAM RIYAZ

Counsel for the Respondents: GP FOR HOME

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.35O47 of 2023ORDER:

This Writ Petition, under Article 226 of theConstitution of India, is Iiled seeking to issue a writ ofMandamus to declare the action of the respondents1nseizing and continuing detention of petitioner's AutoRickshaw vehicle bearing registration No.AP-29-TB-3667under FIR No.133 1 of 2023, dated 28.11.2023, as arbitraryand illegal

2. The petitioner claims to be the registered ownerof Auto Rickshaw vehicle bearing registration No.AP-29-T8-3667. The said vehicle was seized in Crime No.1331 of2023 which was registered for offences punishable underSection 188 IPC and Section 34 (A) of the Telangana ExciseAct, 1968 (for short "the Act")

3. The contention of the learned counsel for thepetitioner is that Section 45 of the Act provides thatwhenever an offence has been committed, which ispunishable under the Act the things mentioned in Section45 of the Act are liable for confiscation. Section 46 of the Act mandates the authority competent to seize the itemsmentioned in Section 45 of the Act to produce before theDeputy Commissioner of prohibition and Excise. Onproduction of the seized property, the DeputyCommissioner is required to conduct proceedings forconliscation and if he is satisfied that an offence iscommitted under the Act, he may order for confiscation ofthe property seized. The Deput5z Commissioner is alsoauthorised to conduct public auction or dispose of theproperty so confiscated. Against the order of theconfiscation, al appeal would lie under Section 46_C of theAct. Learned counsel for the petitioner further submittedthat this Court has passed several orders directing therespondents to release the seized vehicles subject to thepetitioner depositing the value of the vehicles and alsofurnishing an undertaking that pending confiscationproceedings, the vehicle shall not be alienated.

4. Having regard to the consistent view taken bythis Court, the petitioner is also entitled to relief ofdirecting respondents to release his vehicle. Accordingly, J

the writ petitionISdisposedof, with the followingdirections:-

(i) Pending final orders to be passed in conhscation proceedings,respondents are directed to release Auto Rickshaw vehicle bearingregistration No.AP-29-TB-3667 on petitioner furnishing hxed depositreceipt as proof of opening fixed deposit account for al amount ofRs.20,000/- (Rupees Twenty Thousand Only).receipt as proof of opening fixed deposit account for al amount ofRs.20,000/- (Rupees Twenty Thousand Only).

(ii) The petitioner is further directed not to encash the hxeddeposits or create lien or mortgage on ttre hxed deposits till theconcluJion of conhscation proceedings.concluJion of conhscation proceedings.

(iii) The petitioner shall produce original R.C. Book of the vehicle atthe time of release of the vehicle.the time of release of the vehicle.

(iv) The petitioner shall furnish undertaking that he r,vi1l nottransfer or alienate the vehicle to third party in any manner and willmaintain the vehicle in the same good roadworthy condition withoutchanging its major parts and features.

(v) The petitioner shall furnish undertaking that he shouldproduce the vehicle as and when directed by the concerned Court orcompetent authority.

Miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

SD/- MOHD.SANAULLAH ANgARIASSISTANT REGISy'RAR'A/SECTION OFFICER

//TRUE coPY/l

To,The Principal Secretary, Home Department, Telangana Secretariat, State ofTelangana, HyderabadThe Principal Secretary, Home Department, Telangana Secretariat, State ofTelangana, Hyderabad2The Station House Office/Checking Officer, Hayatnagar Police Station,RangaReddy District.The Commissioner of Prohibition and Excise, Telangana State, HyderabadOne CC to SRI SHAIK ABDUL KALAM RIYAZ, Advocate. [OPUC]Two CCs to GP FOR HOME, High Court for the State of Telangana atHyderabad. [OUT]6Two CD Copies.Reddy District.The Commissioner of Prohibition and Excise, Telangana State, HyderabadOne CC to SRI SHAIK ABDUL KALAM RIYAZ, Advocate. [OPUC]Two CCs to GP FOR HOME, High Court for the State of Telangana atHyderabad. [OUT]6Two CD Copies.

HIGH COURT

DATED:2911212023

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ORDER

WP.No.35047 ot 2023

DISPOSING OF THE WRIT PETITIONWITHOUT COSTS

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