WP/24358/2020 of Kethavath Thulchi Vs The State of Telangana on 31 December 2020

ORDER:

Heard learned counsel for the petitioner and learnedAssistant Government Pleader for Prohibition and Excise.

2. This writ petition is filed praying to direct respondents torelease the Goods Carriage (Auto Trolley) vehicle bearingregistration No.TS 05 UD 6995 which was manufactured in theyear 2Ol9 was seized on the allegation of illegal transportation ofblack Jaggery.

3. According to State Government, producing illicit liquor andits distribution is prohibited. According to the State, consumptionof liquor is per se harmful to health of a person and consumptionof spurious liquor is more harmful and can result in instantaneousdeath. The officials in their endeavour to thwart any attempt tomanufacture illicit liquor, seize the commodities and vehiclesinvolved in illegal transportation. After seizure of the vehicles,confiscation proceedings are taken up and if the allegations areproved, the vehicle can be confiscated.

4. The Telangana Prohibition Act, 1995 and The TelanganaExcise Act, 1968 regulate all aspects of liquor in the State ofTelangana, including manufacture, distribution and consumption.

5. Bvplacing reliance on several decisions of this Court,learnedcounsel for petitioner prayed to allow the writ petitiondirecting the respondents to release the vehicle subject on cleposit of an amount of {.75,000/- and compliance of further directionsissued by this court in several writ petitions.

6. The statement of learned counsel for petitioner that similarmatters are disposed of with conditions, including furnishing fixeddeposit/bank guarantee as the case may be, is not disputed by thelearned Assistant Government pleader. However, he onlyemphasises that higher amount of fixed deposit should be directedto be furnished by the petitioner belore seeking to release thevchicle. He lurther submits that thc competent authority to dealwith confiscarion proceedings is Deputy Commissioner and healone is competent to release the vehicle pending completion ofconfiscation proceedings. He therefore submits that direction begiven to thc petitioner to file application before the DepuWCommissioner praying to grant interim custody of the vehicle.

7. Having regard to the consistent view taken.by this Court,this Court on similar issue, passed detailed orders inW.P. Nos.14801 and 14811 of 2020 dated 8.9.2O2O. Following thesame, this writ petition is disposed of with following directions:

(i) Petitioner is granred liberty to file application to theDeputy Commissroner (2"d respondent) to granl interim custody ofthe veh icle.

(ii) If such application is filed, pending final orders ro bepassed in conliscation proceedings, 2"d respondcnt is directed torelease Goods Carriage (Auto Trolley) vehicle bearing registrationNo.TS 05 UD 6995 on petitioner furnishing fixed deposit receipt asproof of opening fixed deposit account for an amount of {.75,00O/-(Rupees Seventy Five Thousand only).

(iii) Petitioner is further directed not to encash the fixeddeposit or create lien or mortgage on the fixed deposit till [the]conclusion of confiscation proceedings.

(iv) The petitioner shall produce original R.C. Book of thevehicle at the time of seeking release of the vehicle.

(v) Petitioner shall furnish undertaking that she will nottransfer or alienate the vehicle to third [party ]in any manner [and]will maintain the vehicle in the same good roadworthy conditionwithout changing its major parts and features.

(vi) Pctitioner should produce the vehicle its trttd 'uvhcndirccted b1' thc concerncd Court or compctent authoritr', No costs. Misccllaneous petilions, il an.y pending, sLandclosed.

SD/.I.NAGALAKSMIASSISTANTGI//TRUE COPY//SECTION OFFICER

To,1. The Principal Secretary [Department ][of ].Prohibition [and Excise, State of]Telanoana. T S. Secretariat T S. Secretariat S. Secretariat Secretariat Hvderabad Telanoana. T S. Secretariat T S. Secretariat S. Secretariat Secretariat Hvderabadz rhe D"eoutv Commissioner of [Prohibition and Excise, Nalgonda ][District]5. fne StJtioi House Officer, [Prohibition and Excise Station, Devarakonda,]Naloonda District

4. ond CC to Sri CH. Ravinder, [Advocate ][OPUC]5. iil CCs to GP for [Prohibition ][and ][Excise, High Court for the ][State ][of]Telangana at Hyderabad. [OUT]5. iil CCs to GP for [Prohibition ][and ][Excise, High Court for the ][State ][of]Telangana at Hyderabad. [OUT]6. Two CD Copies SM,\\ \l,\- DAIED:3111212020

ORDERWP.No.24358 ol 2020

DISPOSING OF THE WPWITHOUT COSTS

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