Telangana High Court
WP/34952/2023 of Besta Satyanarayana 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: 34952 OF 2023 Between: Besta Satyanarayana, S/o. Ramaiah, Aged about 44
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: 34952 OF 2023
Between:
Besta Satyanarayana, S/o. Ramaiah, Aged about 44 Years, Occ.Business,R/o.H.No.1-75, Matur Village, Nagireddypet Mandal, Kamareddy District.
...PETITIONER
AND
1The State of Telangana, Rep By its Principal Secretary, Prohibition andExcise Department, Secretariat, Hyderabad.Excise Department, Secretariat, Hyderabad.
2The Commissioner of Prohibition and Excise, Abkari Bhavan, M.J.Road, OldKattal Mandi, Nampally, Hyderabad.Kattal Mandi, Nampally, Hyderabad.
JThe Dy.Commissioner of Prohibition and Excise, Nizamabad Division, AtNizamabad Town and District.Nizamabad Town and District.
...RESPONDENTS
Petition under Article 226 ot the Constitution of lndia [praying ]that [in ]thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction more particularly a writ in the nature ofMandamus declaring the action of respondents more [particularly ]that ofrespondent No.3 in seizing petitioner's bike bearing No.TS'17 H 5550 of HFDELUXE (l3S-SELF-DRUM-CAS) of Hero Company manufactured in the [year]2020 in connection with case in COR No.282123 registered by Prohibition andExcise lnspector, Yellareddy Mandal, Kamareddy District is challenged in thisWrit Petition as being arbitrary, illegal and voilative of Articles 14, 19 [(1Xd)(g), ][21]and 300-4 of the Constitution of lndia and consequently direct the [respondents]more particularly respondent No.3 to release the vehicle bearing No.TS [1,7 ][H]5550 of HF DELUXE (l3S-SELF-DRUM-CAS) of Hero [Company manufactured ][in]the year 2020 in connection with case in COR [No.282123 ][registered ][by]Prohibition and Excise lnspector. Yellareddy Mandal, Kamareddy [District.]
IANO:1OF2 o23
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 respondents more particularly respondent No.3 to release the vehiclerespondents more particularly respondent No.3 to release the vehiclebearing NoTS 17 H 5550 of HF DELUXE (|3S-SELF-DRUM-CAS) of H6rocompany manufactured in the year 2020 in connection with case in coRNo.282123 registered by prohibition and Excise lnspector, yellareddy Mandal,Kamareddy District.Kamareddy District.
Counsel for the Petitioner: SRI B.CHINNAIAH
Counsel for the Respondents: AGp FOR PROHIBITION & EXCISE
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDYWRIT PETITION No.34952 OF 2o23
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ORDER
This Writ Petition, under Article 226 of th^e Constitution ofIndia, is filed seeking to declare the action of respondent No.3 inseizing the petitioner's bike bearing No.TS- 17-H-555O of HFDeluxe (I3S-Self-Drum-Cas) Hero Company manufactured inthe year 2O2O in connection with a case in C.O.R [No.282 ]/2023on the file of Prohibition and Excise Inspector, [Yellareddy]Mandal, Kamareddy District, as arbitrary and illegal andconsequently to direct respondent No.3 to release [the ][aforesaid]vehicle in favour of the petitioner.
Heard learned counsel for the petitioner learned counsel for the petitioner for the petitioner petitioner and
2. Heard learned counsel for the petitioner learned counsel for the petitioner for the petitioner petitioner andlearned Assistant Government Pleader for Prohibition [and]Excise appearing for the respondents. Perused the [record.]
The petitioner is petitioner is is the registered registered owner of of bike
3. The petitioner is petitioner is is the registered registered owner of of bikebearing registration No.TS-17-H-5550 of HF [Deluxe ][(13S-Self-]Drum-Cas) Hero Company. It is the case of the [petitioner ][that]the alleged seizure is illegal as the bottles [were ]not [meant ][for]business purpose. It is further case of the [petitioner ][that ][before]registering case, the respondents ought to [have ][verihed ][the]petirioner's antecedents and without veriffing the same, a casein COR No.2a2l2O23 was registered by the [Prohibition ][and]
Excise Inspector, Yellareddy Mandal, Kamaredy District, underSection 34 (a) of the Telangana Excise Act, 1968 (for short, 'theAct, 1968).
4. The contention of learned counsel for the petitioner is that Section 45 of the Act, 1968 provides that whenever anoffence has been committed, which is punishable under the Act,1968, the things mentioned in Section 45 of the Act, 1968 areliable for conhscation. Section 46 of the Act, 1968 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 forconhscation and if he is satisfied 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 soconfiscated. Against the order o[ the confiscation, an appealwould lie under Section 46-C of the Act, 1968. tearned 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 the vehicle and also furnishing an [undertaking ][that ][pending]confiscation [proceedings, the vehictes ][shall not ][be ][alienated.]
5. Having regard to the consistent [view ][taken by ][this]Court, the [petitioner ]is [also entitled ][to ][the ][relief ][of ][directing]respondents to release [the ][vehicle ][in ][his ][favour. ][Accordingly,]the Writ Petition is disposed [of ][with ][the following directions:-]
(i) Pending f-tnal orders to be [passed ][in ][confiscaLion]proceedings, respondents are directed [to ][release ][the ][bike]bearing No.TS-17-H-5550 of [HF ][Deluxe ][(13S-Self-Drum-]Cas) Hero Company in [favour ][of ][the ][petitioner ][on ][his]furnishing hxed deposit of [Rs.20,O00/- ][(Rupees ][Twenty]Thousand only).
(ir) The petitioner is further [directed ][not to ][encash ][the]fixed deposits or [create ][lien ][or ][mortgage ][on ][the ][fixed]deposits till the conclusion [of ][conliscation ][proceedings']
{iii) [The petitioner ][shall ][produce ][original ][R.C. Book ][of]the vehicle at the time [of ][release ][of ][the vehicle.]
(i") 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]concerned Court [or competent ][authority']
Miscellaneous petitions, if any, pending in t-his WritPetition shall stand closed. There shall be no order as to costs.
A.',Sll-iJ*?3'[titR
//TRUE COPY//
9/SECTION OFFICER
To,1 . The Principal [Secretary, ][Prohibition ][and ][Excise ][Department, ][Secretariat,]Hyderabad, State [of Telangana.]1 . The Principal [Secretary, ][Prohibition ][and ][Excise ][Department, ][Secretariat,]Hyderabad, State [of Telangana.]
2. The commissioner [of ][Prohibition ][and ][Excise, ][Abkari ][Bhavan, M.J.Road, ][Old]Kattal Mandi, [NamPallY, HYderabad.]Kattal Mandi, [NamPallY, HYderabad.]
3. The Dy. commissioner [of ][Prohibition ][and ][Excise, ][Nizamabad ][Division, ][At]Nizamabad Town and District.Nizamabad Town and District.
4. One CC to SRI B.CHINNAIAH, [Advocate ][OPUC]
5. Two CCs to GP [FOR ][PROHIBITION ][& ][EXCISE, High ][court ][for ][the state ][of]Telangana at Hyderabad [OUT]Telangana at Hyderabad [OUT]
6. Two CD Copies
BSRLS[-P]
HIGH COURT
DATED: 29112l,2023
ORDERWP.No.34952 of [2023]
DISPOSING OF THE [WRIT ][PETITION,]
WITHOUT COSTS
N
1HE [ST47.]€.(($(O0 4 JAN 204zo+S**o,S[p]ATCvre!.