WP/46503/2022 of Mr.Allu Sai Subramanyam Vs State of Telangana and 2 others on 29 December 2022

l [3183 ]I

HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)

.fHURSDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPRESENT

THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDYWRIT PETITION NO: 46503 OF 2022

Between:

Mr.Allu Sai Subramanyam, S/o Sitharamaiah, Occ. Private Employee, PJo Plot No,89,Gate No.2, Vivekanandanagar Colony, Kukatpally, Medchal-Malkajgiri District.

...PETITIONER

AND

1. State ofTelangana, Rep. by its Principal Secretary, Department ofRevenue (Excise),Secretariat Buildings, Saifabad, Hyderabad.Secretariat Buildings, Saifabad, Hyderabad.

2. The Deputy Commissioner of Prohibition and Excise, Hyderabad District, Hyderabad.3. Station House Officer, Prohibition and Excise Station, Golkonda, Hyderabad.3. Station House Officer, Prohibition and Excise Station, Golkonda, Hyderabad.

...RESPONDENTS

Petition under /.Iticle 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleased toissue a writ or order or direction more particularly one in the nature of Writ ofMandamus declaring the action of the Respondent No.3 in scizing the Vehicle of thepetitioner namely Activa 5GWEASKSDCB motor cycle, bearing No.TS 08 GX 7744,Trance Blue Metal colour, Chassis No.ME4JF5OALKG353785, EngineNo.JF50EG03539l l, being illegal, arbitrary and violative of Article I 4 of theConstitution of India apart from being violation of the principles of natural [justice ]andconsequently direct the 2 and 3 Respondents to forthwith release the vehicle to thepetitioner.

Counsel for the I'etitioner:SRI. PAPAIAH Pf,DDAKULACounsel for the Respondents:GP FOR PROHIBITION EXCISEThe Court made the following:

THIi HONOI RABLE SRI JT]STICE B.VIJAYSI'N REDDY

\\'RlT PETIl-lON No.46503 of 2022

oRI)Fllt:

'fhis writ petitron is flled being aggrieved by the action of respondentNo.3 in seizing the petitioner's vehicle i.e., Activa-5G bearing RegistrationNo.l-S 08 GX 2714 :rs illegal, arbitrary and violation ol Section [14 ]of theConstitution of lndia2. COR No.91 ot 2022 ot 2022 2022 was registered on 02.12.2022 by the Prohibitionregistered on 02.12.2022 by the Prohibitionon 02.12.2022 by the Prohibition02.12.2022 by the Prohibitionby the Prohibition

2. COR No.91 ot 2022 ot 2022 2022 was registered on 02.12.2022 by the Prohibitionregistered on 02.12.2022 by the Prohibitionon 02.12.2022 by the Prohibition02.12.2022 by the Prohibitionby the Prohibitionand Excise Inspector'. Golkonda by seizing the vehicle of the petitioner alongwith contraband was seized. As per the C.O.R. report, the task force teamreceived reliable inlbrmation and conducted route watch in front of SarojiniDevi t-ly'e tlospital. Me'hdipatnam. l'lyderabad and the Officers after detectinga casc of illegal trarrsportation of Non-Duty Paid Liquor (NDPL), amested oneperson who was riding the vehicle. Original registration papers andcontraband were collected by the officials

3.

3. Learned counsel for the petitioner submitted that the allegation againstthe accused person is that he was transpofiing NDPL bottles allegedlypurchased in Goa.

4. In view of the fact that the accused was found transporting NDPLbottles and that there is no allegation oftransporting any prohibited substanccunder the provisions ofTelangana State Prohibition and Excise Act, 1968, thevehicle of the petitioner viz., Activa-SG bearing Registration No.TS 08 CX2744 shall be released by respondent No.3 on condition ol petitionerfumishing security for a sum of Rs. 10,000/- (Rupees ten thousand only) in tlicform of Fixed Deposit Receipt. The petitioner shall also furnish anundertaking that he will not alienate or change the physical leatures of thevehicle. Respondent No.2 shall address a letter to the R'fA authority not totransfer the vehicle in favour of any third party without clearance from thcExcise Department. The release of the vehicle is subject to further orders thatmay be passed by the respondents pursuant to enquiry to be conducted undcrthe provisions of the Telangana State Excise Act.

5. The writ petition is accordingly disposed of. The miscellaneousapplications, if any, shall stand closed. There shall be no order as to costs.

To,

SD/-C.PRAVEEN KUN{ARASSISTANT RE ISTIIARSECTIOFFICER

//TRUE COPYII

I . The Principal Secretary, Department of Revenue (Excise), Secretariat Buildings, [State]of Telangana, Saifabad, Hyderabad.of Telangana, Saifabad, Hyderabad.

2. The Deputy Commissioner ofProhibition and Excise, [Hyderabad ]Dislrict, Hyderabad.3. Station House Officer, Prohibition [and ][Excise Station, ][Golkonda, ][Hyderabad.]4. One CC to SRI. PAPAIAH PEDDAKULA Advocate [OPUC]5. Two CCs to GP FOR PROHIBITION EXCISE ,High Court for [the ][State ]ofTelangana. [OUT]6. Two CD Copies3. Station House Officer, Prohibition [and ][Excise Station, ][Golkonda, ][Hyderabad.]4. One CC to SRI. PAPAIAH PEDDAKULA Advocate [OPUC]5. Two CCs to GP FOR PROHIBITION EXCISE ,High Court for [the ][State ]ofTelangana. [OUT]6. Two CD Copies HIGH COURT

BVR. J

DATED: 29112/2022