Telangana High Court
WP/29538/2025 of Athram Laxman, Vs The State of Telangana on 25 September 2025
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENry FIFTH DAY OF SEPTEMtsER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION NO: 29538 OF 2025 Between: Athram Laxman, S/o. Athram Supari, Aged about
[ 3168 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE TWENry FIFTH DAY OF SEPTEMtsER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
WRIT PETITION NO: 29538 OF 2025
Between:
Athram Laxman, S/o. Athram Supari, Aged about 24 Years, Qcc: Driver, R/o. H.No. 1-88, Nagulagondhi, lndapur, Kerameri Mandaf, K.B. Asifabad District
...PETITIONER
AND
The State of Telangana,
Department, Secretariat,
rep. by its Principal Secretary, Prohilition and Excise Hyderabad
2. The Deputy Commissioner, of Prohibition and Excise, Adilabad, Adilabad District.
3. The Station House Officer, Kerameri Police Station, Komarambheem Asifabad District
...RESPONDENTS
Petition under Article 226 of the'Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in not releasing the Two Wheeler Bike bearing RegistrationiNo. TG 20 4286, bearing Chassis No.
ME4JC942JRG544306, Engine No. JC94EG2172473, which was seized in Crime/FlR No. 129 of 2025, Dated 15-06-2025 of Kerameri Police Station for the offences U/s. 34(a) of Te{angana State Excise Act inspite of my readiness to furnish the third-party surety, as being illegal, arbitrary and unjust and in violation of Principles of Natural Justice, consequently direct the respondent NO. 3 to release the Two Wheeler Bike bearing Registration l'{o. TG 20 4286 torthwith.
lA NO: 1 oF 2025
i
!
i
t
I
I
I
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent No. 3 to release the petitioners Two Wheeler Bike bearing Registration N,c. TG 20 4286, bearing Chassis No. ME4JC942JRG544306, Engine No. JC94EG2172473, which was seized in Crime/FlR No. 129 of 2025, Dated 15- 06-2025 of Kerameri Police Station for the offences U/s. 34(a) of Telangana State Excise Act forr:hwith on furnishing third party surety, pending disposal of the main Writ Petition.
Counsel for the Petitioner: SRI V. YADU KRISHNA SAINATH
Counsel for the Respondent Nos.1 and 2: GP FOR PROHIBITION EXCISE
Counsel for the Respondent No.3: GP FOR HOME
The Gourt made the following: ORDER
i
I
I
J
'-ri
I
!!
l
,/
TIIE HONOURABLE SRI JUSTICE IC LAKSHMAN
WRfT PETITION No.29538 of 2025
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORAL ORDER:
Heard learned counsel for the petitioner and learned Government 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., two wheeler bearing registration No.TG-2}' -4286. [n proof of the same, he has filed a copy of the registration certifi cate.
3. The subject vehicle was seized on 15.06.2025 in Crime No.l 29 of 2025 by the Police of Kerameri Police Station. Petitioner herein is accused No.2 in the said crime. The allegations levelled against the actused in the said crime are that they were illegally transporting Desidharu liquor i.e., seventy five (75) plastic bottles, each containing 90 ml of Desidharu liquor. The offence alleged is punishable under
Section 34(a) of the Telangana Excise Act, 1968. The petitioner states that he is a Driver. The vehicle was seized on 15.06.2025 and is presently lying at respondent No.3 - Police Station., subjected to sun and rain. Therefore, the petitioner is seekine; release ofthe said vehicle.
[r Sunderbhai Ambalal Desai v. State of Gujaratr, the Apex Court held that whatever be the situation, it is of no use to keeJr such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for retum of the said vehicles, if required at any point of time. This can be done pending hearing of applicrrtions for retum of such vehicles.
5. In light of the above discussion, the writ petition is allowed, directing respondent No.3 to release the subject vehiclr:, i.e., two wheeler bearing registration No.TG 20 4286, to the petitioner upon proper verification of ownership and I lzooz; ro scc zr I j
To, upon the petitioner furnishing a personal bond for Rs.l0,000/- (Rupees ten thousand only) with one surety for a likp sum, to the satisfaction of respondent No. 3. The petitioper shall deposit the original registration certificate of the subject vehicle with respondent No.3. The petitioner shall not alienate or change the color or nature of the ve,tricle during the pendency of the investigation and confiscation prooeedings. He shall submit an undertaking to respondent No.3 stating that he will produce the vehicle whenever required, either before the lnvestigating Officer or before the Court. As a sequel, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs. sD/- A.H.S. SHANKAR REGISTRAR //TRUE COPY'/ SECTION OFFICER
1. The Principal Secretary, The State of Telangana, Prohibition and Excise Department, Secretariat, Hyderabad.
2. The Deputy Commissioner, of Prohibition and Excise, Adilabad, Adilabad District.
3. The Station House Officer, Kerameri Police Station, Komarambheem Asifabad District >)-- e', \s:^.-*;: -. J.
4. One CC to SriV. Yadu Krishna Sainath' Advocate [OPUC]
5. .Ilfiy:3r:f%fiBfor Prohibition Excise' Hish court for the State of relansana' / 6 Two CC; to The GP for Home, High Court for the State of Telangana, at HYderalra/fOUTI
7. Two CD GoPies TJ PvL Yk/ i ; I ; I i !
r' / \ HIGH COURT DATED =2510912025
ORDER
WP.No.29538 of 2025 ALLOWING THE WRIT PETITION WITHOUIT COSTS \ ,tttE S14 2 4 JAt'l 2028 * 1\ .{^ ft* \ \