WP/20183/2026 of Sri. V Raju Vs State of Telangana on 14 July 2026

ORDER

ThisWrirPetitionhasbeenfiledseekingthefollowingrelief: "...to issue a Writ more particularly in the nature of Mandamus declaring the action of the Responde'1ts No 2 to 4 in not releasing the Motor Vchicle bearing Registration Numbet' TSASll\13312 and Chassis Number MD2A1lCX1LCG 19626 t//hich was seized by the Respondent No'3 in relation to COR 112 of 2025BatanagarProhibitionandExcisestationasillegal,arbitrary and unjust and consequentty direct the Respondents No'2 to 4 to release the Motor Vehicle of the Petitioner bearing Registration Number TSO8IN3312 and Chassis Number MDZAI lCXiLCG 19626 ancl Pass... I

2. Heai-d Mr. Syed Ahmed, learned counsel for the petitioner and lir. P, Vishal Kunrai-, learnec Assistant Government plealer for- prohibitirn and Excise, aopeai-ing for the respondents. Perused the materirl available on record.

3. Learned counsel for the petitioner submits that the petitioner is the airsoi,-.r.e owner oi the Motor Vehicle bearing Registrittion I\.io.TS0SJN3312, Cnassis No.14D2A11CX1LCG19626, Engine No.DHXCLF34428, Modet pulsar 150 D is-i 3SVI, Black Deca Blue Colour. He submits that the said vehicie was slrlzed in CCR No.112 of 2025 dated 30.07.2025 on the frle oi Respondent No.4 Station House Officer, Balanagar prohibition & Excise Station, Balanagar, HyCerabad, for the offences punishable under the provrs ons of the NDpS Act, vrherein it is alleged that 470 grams of Dry Ganja, one "nobile phone and the a:ove,rehicle wei-e seizeC,

4. Learnec counsel for the petitioner further submits that the petitioner is in concerned with the commission of the alleged offerce. The petitioner and no aV his scn were not aware that the accused persons were us, rg the vehicle for any iliegal purpose. The petitioner's son had taken the vehicle, and the accused pei-sons, who are friends of the petitioner,s son, borrowr:d the vehicle on the nl-etext that they would return it within one hour. -Ii e petrtioner had no knowiedge whatsoever that the accused intended to us€ the vehicle for any iiregai activity, and the vehlcle was entrusted to thern only in good faith. He Furier subnrits that the accused persons are denyirg tie rec6y6;-, o1 476 grams ol Dry Ganja and are alleging false implication by the Excise Department.

:-sarnec colnsel for tne petitioner further subrrir,s lhat the vehiCle is .equlred by the petitioner for his day-to-day activities. if tl. e vehicle is kept idle .s@'ffiEgr::t ) in the premises of the Prohibition * t-t't",::: would deteriorate due to exPosure to sun' raln resulting in irreparable loss to the petitioner' tion for a Prolonged Pe'iod' il and other weather conditlons ' Therefore, the Petitioner seeks interim custody of the vehicle'

6. Learned counsel for the petitioner places reliance upon the judgment of the Hon'ble Apex Court \n Sunderbhai Ambalal Desai v' Str,te of Gujara( ' wherein it was held that it is of no use to keep such seized vehicies at the police stations for a long period and appropriate orders shouid be passed for tl'elr release b'/ taking appropriate bond' guarantee and gecurity' if reqr-rired He also places reliance uoon the judqments of this Court \n B' Dasu v' The Slate of Telangana & 2 Others (W'P'No'27835 of 2O27)' Akkera Rajesh 't' The State of Telangana (W'P'No'5739 of 2O24) and Rachuri Sunil v' The State of Telangana (W'P'No'269g2 of 2O25)'

7. Since tiiere is no dispute regardlnE the ownership of the vehicie and having regard to the principles laid down by the Hon'ble Apex Court as vr':ll as this Court in the decisions referred to above' this Court is lnclined to grant lnterim custodv of the Motor Vehicle 6g3ring Registratio' No TS08lN3317' sezed in COR No'112 of ZCsSon the file of Respondent No'^ - Statlon House Cfii;er' BalanagarProhibition&ExciseStation'Balanagar'Hyderabad'infavourcftl-rc petitiorer' subiect to the follo\^ring conditions:

(i) The petitioner shall execute a personal bond for a sum of Rs 10,000/- (Rupees Ten Thousand only) with one surety for a like sum to the r(l0ol| i0 5. (' ls'

!l- I satisfaction cf the 3'd respondent - Deputy Commissioner of Prohibition and E xcise. tii) The petitio:rer shall depos;t the original Reg istration Certificate of the vehicle before the 3'o respondent. However, the 3'r respondent shall issue a cetif:ed copv of the Registration Certificate to the t)etiticner so that no inconvenience is caused to him while using the vehicie. (ii!) The petitioner shall give an undertaking to r roduce the vehtcie as anc when required by the Investigating Agency or the col1,petent Court and also giv.r an undertakinc that he will not to alienate, encumber or alter tne physical :ear u;es oi thc vehicie. A. Accordingly, the Writ Petition is disposed of. There shall be no order as to cos:s, i,liscellaneous petitions pending, if any, shall stand closed. To, //TRUE COPY//

1. The Principal Secretary, prohibition and Excise Telangana Secretariat, Hyderabad - 5OOOO4. Sd/.U.SUDHA ASSISTANT REGISTRAR SECTION OFFICER Department, Dr Ambedkar

2. The commissioner of Prohibition and Excise, Telangana state, Abkari Bhavani, Opp Manoranjan Court Complex, Nampally, Hyderabad _ 5OO OO1.

3. The Deputy commissioner of prohibition and Excise, Rangareddy Division, Abkari Bhavan, Opp Manoranjan Court Complex, Nampaily, -tfyaeriOaO _ SOO

001.

4. The station House officer, Balanagar prohibition and Excrse station, Balanagar, Hyderabad - 500037.

5. One CC to SRt SYED AHMED, Advocate [OPUC]

6. Two ccs to cP FoR pRoHrBrroN & EXcrsE, High court for the state of Telangana, at Hyderabad [OUT]

7. Two CD Copies PMK W \

HIGH COURT CC TODAY DATED: 1410712026

ORDER

WP.No.2O183 of 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a e HE STAT€'

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