WP/21400/2026 of Prasad Vanga Vs The State of Telangana on 10 July 2026

ORDER

This Writ Petltion has been filed seeking the following relief: ...to issue an appropriate Writ, Order or Direction more particularly one in the nature of writ of mandamus, declare the proceedings in Cr.No.228194/2020/CPE/EX/DI Dated 08.01.2021 passed by the 2nd respondent in confirming the orders issued by the j'd respondent in file No.C/g1/2020/DCM Dated 13.08.2020 are partiallY modified by imposing fine of Rs. 6,30,000/- to the petitioner and ordered to permanently release of vehicle Hyundai Creta bearing No. TS 36 A 3939 on payment of fine with a warning as illegal, arbitrary and violation of principles of natural justice and consequently set aside the same...

2. Heard Sri Malla Reddy Gadipally, learned counsel for the petitioner, and Sri P. Vishal Kumar, learned Asslstant Government Pleader for Prohibition and Excise.

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3. Brief facts of the case are that the petitioner is the owner of Hyundai Creta vehicle bearing Registration No.TS 36 A 3939 and was also the licensee of f\4/s. Sri Venkateshwara Wines, SLddipet. Further, during the COVID-19 lockdown, while the petitioner was residing at his native village, the subject vehicle was handed over to one of his close relatives for personal use. Subsequently, the vehicle was seized by the police in connection with Crime No.122 of 2020 registered under the provisions of the Telangana Excise Act, alleging its involvement in transportation of illicit liquor. Aggrieved by the seizure, the petitioner filed W.P.No.11806 of 2020, pursuant to which this Court granted interim custody of the vehicle subject to the petitioner furnishing a Fixed Deposit Receipt for Rs.50,000/- and an undertaking. Thereafter, the 3'd respondent passed proceedings dated 13.08.2020 confiscating the vehicle, which, in appeal, were partly modified by the 2"d respondent vrde proceedings dated 0g.01.2021 by directing permanent release of the vehicle on payment of a penalty of Rs.6,30,000/- along with a warning. Questioning the legality of the said proceedings and seeking release of the subject vehicle without payment of the said penalty, the present writ petition has been filed.

4. When the matter is taken up for hearing, this Court, after hearing the learned counsel appearing for the respective parties, directed the learned counsel for the petitioner to ascertain whether the petitioner is wllling to pay the penalty amount for securing permanent release of the subject vehicle bearing Registration No.TS 36 A 3939.

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5. On earlier occasion dated 07.07.2026, this court directed learned Assistant Government Pleader for the Prohibition and Excise appearing for the respondents to obtain instructions with regard to the Present road value of the subject vehicle'

6. Pursuant to the said direction, learned Assistant Government Pleader has placed on record the proceedings in Cr' No' 122/Vehicle- F \SDPT/2O}O, dated 26.12.2024, wherein the upset price of the subject vehicle has been fixed at Rs.4,55,000/- and it is certified that the vehicle is in roadworthy condition.

7. Per contra, learned counsel for the petitioner submits that the present market value of the vehicle is much lower than the upset price fixed by the respondent authorities and that the condition of the vehicle has deteriorated due to its prolonged detention.

8. Having regard to the submissions made by the learned counsel for the respective parties and considering the peculiar facts and circumstances of the case, this Court deems it appropriate to direct the petitioner to pay a sum of Rs'4,55,000/- (Rupees Four Lakhs and Fifty Five Thousand only) towards the penalty, in substitution of the penalty of Rs.6,36,400/- imposed under the proceedings in Cr' No' 122IF4/2O2O ' dated 13.08.2020, for obtaining permanent release of the vehicle bearing Registration No.TS 36 A 3939. Upon payment of the aforesaid amount by way of Demand Draft and submission of a representation along with a copy of this order before the competent authority, the respondent - authorities shall release the subject vehicle to the petitioner within a period of one (01) week from the date of receipt thereof.

9. With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous applications, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/. A.H.S. GOWRI SHANKAR ASSTSTANT REGqTRAR ,,.(7 To, SECTION OFFICER

1. The Principal Secretary Revenue (Excise) Department, State of Telangana, Dr.B.R. Ambedkar Secretariat Buildings, Tank Bund, Hyderabad

2. The Commissioner Prohibition and Excise Department, Excise Bhavan, Nampally, Hyderabad, State of Telangana. 3 The Deputy Commissioner, Prohibition and Excise Medak, Sangareddy Distrrct

4. The Excise Superindent, Siddipet, Siddipet District

5. The Station House Officer, Siddipet Rural, Siddipet, Siddipet District

6. One CC to SRl. MALLA REDDY GADIPALLY Advocate [OPUC]

7. Two CCs to GP FOR PROHIBITION EXCISE, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies DAN GJP ,W,

HIGH COURT DATED: 1010712026

ORDER

WP.No.21400 ot 2026 DISPOSING OF THE WRIT PETITION WITHOUT COSTS CC TODAY )+ rlE S f4 14:

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