WP/19626/2026 of MD. Naveed Uddin, Vs The State of Telangana, on 23 June 2026

ORDER

This Writ Petition is filed praying this Court to declare the action of the respondent Nos.2 and 3 in not releasing the petitioner's vehicle, i.e., Suzuki Burgman Street Scooter bearing Registration No.TG-09K-6723, which was seized in connection with Crime/COR No.71 of 2026, dated 12.06.2026 on the file of Prohibition and Excise Station, Sangareddy District, despite the petitioner's readiness and willingness to furnish third party surety and comply with all conditions imposed by the authorities, as illegal, arbitrary and violative of Articles 1,4,21 and 300-A of the -t-I ) Cons:itutior cf indiir 3nd consequently, direct the respondents to forthiv'th reiease tne said vehicle

2. Hearc [u] r Pall,: Sriharinath, learned counsel for the petitioner and Flr. Vi:,hal Kumar, learned Assistant Government Pleader for Prohibltion and Exclse appearing for respondents and with their ad mission sta ge.

3. Learn:d counsel for the petitioner submits that the petitioner rs the rwner- of Suzuki Burgman Street Scooter bearing Registration No.TG-O9K-6723, which was allegedly seized by the 3'd respondent on 72,06.2a?6 at about 5:00 PM. The 3'd respondent, allegedly apprehenCec [\rJo persons, namely Mr'Mohamnred Abiz Rayyan, S/o. 14r,Mchammed Naveed Uddin, aged about 19 years and Mr.Sraik Saood, S,/c. Shaik Khaled, aged about 19' years, who were trave lng or tl'e sa d vehicle. It ls alleged that .150 grams of dry ganja was fourC in their possession and accordingly a case ln COR/Crime llo.71 of 2026 was registered under Section 20(b)(ii)(A) of the The t\larcotic t)rugs and Psychotropic Substances (NDPS) Act, 19 85 consent, thls V/rit petition is bei'-rg taken up for- disposal at the

4. Lea.n,.d counscl fcr the petitioner further submits that if the saiC vehicle is expo:ied to sun, i-ain and dust, it rvould get spoiled and that tt- e peti:ic ni:r is ready and willing to execute bond or J furnish surety For release of the said vehicle. Accordingly, prayed to allow the writ petition 5, Mr. Vishal Kumar, learned Assistant Government Pleader for Prohibition and Excise, appearing for respondents, submits that the subject vehicle was seized by the police Prohibition and Excise Station, Sangareddy, Sangareddy District and is presently in the custody of respondent No.2 and that the subject vehicle was seized in connection with Crime No.71 oF 2026 while allegedly transporting 350 grams of dry ganja without any valid license or permission, and that the same was produced before respondent No.2.

6. In Surenderbhai Ambalal Desai v. State of Gujarat,l the Hon'ble Apex Court has laid down that in case of vehicle seized during investigation, it should not be allowed to deteriorate by being kept unused and unattended in the premises of the Police Station.

7. Further, in Jagtar Singh, Son of Dhyan Singh v. State of Rajasthan2, Kishore Kumar Choudhury v, State of Orissa3 and Waish Ahmed v. State of West Bengaf , wherein the High Courts oF Rajasthan, Orissa and Calcutta, relying upon the decision of the Hon'ble Apex Court in Sunderbhai Ambalal (7 supra) released the vehicles seized under the Act, on certain terms and conditions. ' (1001) l0 scc:si I l0l 7 I.a.\ Suir (RaJ r l0l7 La\\ Suir (ori ) l-10

l

8. Ha'/irE i^ea.d the iearned counsel for the respective parties and cn pe'rsal of the material on record, as it is seen that the petitroner s tie owner of the vehicle as he had produced the Registration Certificate of the subject vehicle and having regard to the princip es laid Ccwn by the various High Courts and Hon'ble Apex Court in the decisions stated supra, this C:urt is inclined to grant interlm .ustody of Suzuki Burgman Stree: Scooter bearing Registratiorr No.TG-09K-6723, which was seized in connection with Crime No.7l of 2025 oF Prohibition and Excise Station, Sangareddy, Sangareddv D strict, in favour of the petitione-, subject to the follow in g cc)nditrons -

(i) The' petltioner shall produce a fixed cleposit receipt for an amounl cf Rs.10,000/- (Rupees ten thous;:nd only) before respcndert No,2. The petitioner shall not enca:;h the said fixed deposit and not to create lien or mortgage on the same till the conclusion of the trial.

(ii) The peti:icner shall produce the original R.C.Book of the subject vehrcle at the time of release of the vehicle. However, respcndent No.2 shail issue a certified copy of the registration certif cate tc, the pe,titioner so that no inconvenir)nce is caused to him r,.rh ile u:ing the'"'ehrcie : , \'-i

To, BSR

(iii) The petitioner shall give an undertaking to produce the vehicle as and when required either by the Investigating Agency or by the Court and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle and would maintain the vehicle in a good roadworthy condition without changing its major parts or features.

9. With the above directions, this Writ Petition is disposed of There shall be no ordei as to costs. Miscellaneous petitions pending, if any, shall stand closed. SD K.BHAVANI SWA TANT RE R //TRUE COPY// ECTION OFFTCER

1. The Principal Secretary, Proh and Excise partment, Secretariat, Telangana, at HYderabad IOUTI

6. Two CD CoPies Hyderabad, State of Telangana

2. The Deputy Commissioner of Prohibition and Excise' Sangareddy Division at SangareddY, SangareddY District'

3. TheStationHouseOffic'er,ProhandExcisePoliceStation'sangaredcly SangareddY District.

4. One CC to SRI PALLE SRIHARINATH' Advocate [OPUC]

5. Two CCs to GP FOR PROHIBITION & EXCISE' High Court for the State of w \a_,- CC TODAY HIGH COURT DATED: 2310612026

ORDER

WP.No.19626 of 2026 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS .8 ,- f\\

- )., \( -t --'- \") q / ''t it l'' n ,--t-t t. A1

F o , C' ! + Eg IH D + Br.