Telangana High Court
WP/29943/2025 of Kunsoth Venkatesh Vs The State of Telangana on 26 September 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Ori.oinal J u risd iction) FRIDAY, THE TWENTYSIXTH DAY OF SEPTEI\,{BER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WR lT PETITION NO: 29943 OF 2025 Between: Kunsoth Venkatesh, S/o Ra.ia Ram, Aged 26
\
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Ori.oinal J u risd iction)
FRIDAY, THE TWENTYSIXTH DAY OF SEPTEI\,{BER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRlT PETITION NO: 29943 OF 2025
Between:
Kunsoth Venkatesh, S/o Ra.ia Ram, Aged 26 years, Occ ; Coolie, Ri/o 3-353, Pulimadugu, Thimmapur Mandamarry, It4acheriyal 504209.
.....PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Deparlment, Secretariat, Hyderabad.
2. The Deputy Commissioner of Prohibition and Excise, Mancherial District.
3. The Station House Officer, Prohibition and Excise, lt/ancherial.
.....RESPONDENTS
Petition Under Article 226 of lhe Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or Direction more particularly one in the nature of a WRIT OF IMANDAIVUS declaring the action of the respondents in not releasing Vehicle of the petitioner namely Bajaj auto Reg No TS 1 9T761 5,Eng No BAYWKB4931 ,Chasis No lr/D2A96AY9KWB14934 in COR No. 65/2025 dated.
2glo7 t2025 being illegal, arbitrary, ultravires and in violation of prlnciples of natural justice and consequently direct the respondents to release the vehicle bearing No. Bajaj auto Reg No TS19T7615 forthwith on petitioner furnishing the personal bond or solvency sureties.
.rti
/i
l.A.NO:1 OF 2025
Petition Under Section 151 CPC praying that in the c +l-^
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rrrc, d rlrdvr( lllcL.t lir ruiJi_.rulL ul Ule peUuun, tng fllgIl uot direct the respondents to release the vehicle bearing N
TS19T7615 forthwith on petitioner furnishing the perso sureties, pending disposal of the main writ petition.
r( umstances stated in
r rnay be pieaseci to
Bajaj auto Reg No
.r bond or solvency
Counsel for the Petitioner : M/s P.D.VINEELA
Counsel for the Respondents : GP FOR PROHIBITION AN ) :XCISE
The Court made the following ORDER
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THE HONOURABLE SRIJUSTICE I( LAKSHMAN
WRIT PETITION No.29943 of 2025
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ORDER:
Heard leamed counsel for the petitioner and leamed Govemment Pleader for Prohibition and Excise appearing on behalf of the respondents.
2. The petitioner herein is claiming that he is the owner of the vehicle i.e., Bajaj Auto bearing registration No.TS19-T-7615. In proof of the same, he has filed a copy of the registration certificate with Insurance Policv.
3. The subject vehicle was seized oo 29.07.2025 in C.O.R. No.65 of 2025 by respondent No.3. The allegation levelled against the accused in the said crime is that he was transporting l5liters of liquor in the subject vehicle. The offence alleged is punishable under Section 7(A) read with 8(e) of the Telangana Prohibition Act, 1995. The petitioner states that he is an auto driver. The vehicle was seized on 29.07.2025 and is presently lying at \ respondent No.3 - Police Station, subjected to s rn and ra1n. Therefore, the petitioner is seeking release of the sa. I ;ehicle.
4. In Sunderbhai Ambalal Desai v. State or' ( iujaratr, the Apex Courl held that whatever be the situation, it .s of no use to keep such-seized vehicles at the police stations for z l< ng period. It is fbr the Magistrate to pass appropriate orders 'n nediately by taking appropriate bond and guarantee as well as se: r] ity for retum of the said vehicles, if required at any point of tin :. This can be done pending hearing of applications for retum of sr :rli vehicles
5. In light of the above discussion, the writ peti ic n is allowed, directing respondent No.3 to release the subject ve' r le, i.e., Bajaj Auto bearing registration No.TS l9-T-761 5, to the ;r titioner upon proper verifi<;ation of ownership and upon the petit :r er fumishing a personal bc,nd for Rs.10,000/- (Rupees-l'en Thou:rr rd only) with olle surety fc,r a like sum, to the satisfaction of re.,p,rndent No.3. The petitioner shall deposit the original registratio' certificate of the subject vehicle with respondent No.3. '[he petr jr,ner shall not alienate or change the color or nature of the vef ,: e during the ' (zooz) ro scc zg:
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pendency of the investigation and confiscation proceedings. He shall submit an undertaking to respondent No.3 stating that he will produce the vehicle whenever required, either before the Investigating Officer or before the Court. As a sequel, miscellaneous petitions pending, if any, shall stand closed. . PONNA KRISHNA TANT REGISTRAR //TRUE COPY//
1. The PrinciPal Secretary, Prohibition and Excise Dep men ECTION OFFICER t, Secretariat, herial District. rial. ourt for the State State of Telangana at Hyderabad To
The Deputy Commissioner of Prohibition and Excise, Manc The Station House Officer, Prohib ition and Excise, Manche Two CCs to GP FOR PROHIBITIO N AND EXCISE, High C
SA GJP of Telangana at HYderabad. [OUTI One CClo M/s P.D.VINEELA, Advocate IUPUUl Two CD CoPies
Ii I ! ! I( : I I r HiGH CO1JRT DATED:2610912025
ORDER
WP.No.29943 of 2025 DISPOSING OF THE W.P WITHOUT COSTS. 1B lll ' ;'fi25 .\+\: \0 2.-.: ./: -: ' toli