Telangana High Court
WP/34983/2023 of Guguloth Lalu Vs The State of Telangana on 29 December 2023
IN THE 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: 34983 0F 2023 Between: AND 1. 2. Guguloth Lalu, S/o. Ramchand,
IN THE HIGH COURT FOR THE STATE OF TELANGANAAT 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: 34983 0F 2023
Between:
Guguloth Lalu, S/o. Ramchand, Age: 45 years, Occ: Owner of the HondaActiva BS Vl Vehicte Bearing No. TS 2A f ZqS, R/o.H.No.1_6_250/3t,Addalathanda, Sundarayya Nagar, Mahbubabad Mandbt rnd O.,...IL1,',O;=*Addalathanda, Sundarayya Nagar, Mahbubabad Mandbt rnd O.,...IL1,',O;=*
AND
1.The State of Telangana, Rep. by its Principal Secretary, prohibition andExcise Department, Secretariat, Hyderabad.Excise Department, Secretariat, Hyderabad.2.fhe [Deputy ][Commissioner ][of ][Prohibition and Excise, Warangal, Warangal]
District.
The Station House Officer, I\/ahabubabad, prohibition and Excise Station,Mahabubabad District.Mahabubabad District.
...RESPONDENTS
Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue an appropriate Writ, Order or Direction, more particularly one inthe nature of writ of Mandamus, declaring the in action of the 2nd respondent torelease the Petitioners Honda Activa BS Vl Scooty Vehicle Bearing No. TS 26 F2475 seized in COR No.916/2023 dated. 22-11-2023, seized of petitionersvehicle was being illegal, arbitrary and unjust also Article 14, 19,21 and 300-4 ofthe constitution of lndia and consequently direct the 2nd respondent to releaseof 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 Honda Activa BS Vl ScootyVehicle Bearing No. TS 26 F 2475 seized in COR No.916/2O23 dated. 22-11-2023, pending disposal of the above writ petition.Counsel forthe Petitioner: SRI V. BRAHMAIAH CHOWDARYCounsel for the Respondents: ASST. GP FOR PROHIBITION & EXCISEThe Court made the following: ORDER
THE HONOURABLE SRI JUSTICE C.V. [BHASKAR REDDY]WRIT PETITION No.34983 OF 2o23
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ORDER:
This Writ Petition, under Article 226 ol the [Constitution ][of]India, is filed seeking to declare the action of [respondent ][No.2 ][in]not releasing the petitioner's Honda Acliva [BS ][VI ][Scooty ][vehicle]bearing No.TS-26-F-2475, seized in C.O.R [No.916 ]of [2023,]dated 22.11.2O23, as arbitrar5r and illegal and consequently [to]direct respondent No.2 to release the aforesaid [vehicle ]forthwith.
2. Heard learned counsel for the petitioner andlearned Assistant Government Pleader for Prohibition andExcise appearing for the respondents. Perused the record.
3. The petitioner is the registered owner of HondaActiva BS Scoot5r vehicle bearing No.TS-26-F-2475. It is thecase of the petitioner that the accused person, without theknowledge of the petitioner, has taken the subject vehicle fortransportation of contraband and when the petitioner has notcooperated with the demands of the respondent authorities,respondent No.3 has seized the subject vehicle and registered acase in C.O.R No.916 of 2023, dated 22.!1.2023 for the offencepunishable under Section 34 (e) of the Telangana Excise Act,1968 (for short, 'the Act, 1968J.
4. The contention of learned counsel for the petitioneris 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 confiscation. Section 46 of the Act, 1968 mandatesthe authority competent to seize the items mentioned in Section45 of t1.e 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 author2ed toconduct public auction or dispose of the property soconhscated. Against the order of the conhscation, an appealwould lie under Section 46-C of the Act, 1968. Learned counselfor the petitioner further submitted that this Court has [passed]several orders directing the respondents to release the seizedvehicles subject to the petitioner depositing the value of thevehicle and also furnishing an undertaking that [pending]conhscation proceedings, the vehicles shall not be alienated.
5.
5. Having regard to the consistent view taken by [this]Court, the petitioner is also entitled to the relief of directing l-,.
,r
To,
respondents to release the vehicle in his favour. Accordingly,tl,e Writ Petition is disposed of with the following directions:-tl,e Writ Petition is disposed of with the following directions:- (il Pending hnal orders orders to be passed in confiscationbe passed in confiscationpassed in confiscationin confiscationconfiscationproceedings, respondents are directed to release theHonda Activa BS VI .Scooty Vehicle bearing No.TS-26-F-2475 in favour of the petitioner on his furnishing fixeddeposit of Rs.10,0OO/- (Rupees Ten Thousand only).
Pending hnal orders orders to be passed in confiscationbe passed in confiscationpassed in confiscationin confiscationconfiscation
(ii) The pelitioner is further directed not to encash the frxed deposits or create lien or mortgage on the fixeddeposits till the conclusion of conhscation proceedings.deposits till the conclusion of conhscation proceedings.
(iii) The petitioner shali 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 part5r inany manner and will maintain the vehicle in the samegood roadworthy condition without changing the majorparts and features.
(v) The petitioner shall furnish an undertaking that he should produce the vehicle as and when directed by theconcerned Court or competent autJrority.
Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. There shall be no order as to costs.
SO/.A.V.S.PRASADASSTSTANT REGTST_RARc-.
//TRUE COpy//
SECTION OFFICER
'1. The Principar Secretary, prohibition and Excise Department, The State of rerangana,Secretariat. Hvderabad.
Secretariat. Hvderabad.2 3. The Deputy c6mmissioner of prohibition a1d Exclse, warangar. waranoar District.2 3. The Deputy c6mmissioner of prohibition a1d Exclse, warangar. waranoar District.The Station House Officer, Mahabubabad, prohibitioh anct-Ei;U *iHl,'"'""'"'Mahabubabad District.1 [qn" ][qq ][ro ][SRt V. ][BRAHMATAH ][CHOWDARY, Advocale ]5. Two CCs to Gp FOR pROHtBtTtON & EXC|SE, High Cturt [OpUC]for the State ofTelangana. [OUT]6. Two CD CooiesMahabubabad District.1 [qn" ][qq ][ro ][SRt V. ][BRAHMATAH ][CHOWDARY, Advocale ]5. Two CCs to Gp FOR pROHtBtTtON & EXC|SE, High Cturt [OpUC]for the State ofTelangana. [OUT]6. Two CD Cooies BNt.GJP L\ _
HIGH COURT
DATED:2911212023
ORDER
WP.No.34983 of 2023
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DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
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