Telangana High Court

WP/29084/2025 of ABBA NAGARAJU, Vs THE STATE OF TELANGANA, on 24 September 2025

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Abba Nagaralu, S/o.Mallaiah, Aged 34 years, Occ.Business(small kirana shop). R/o.H.No.2-3, Nandivaddeman village, Bijinapalle mandal, Nagarkurnool District, Telangana-50921 5. Between: AND 1 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY

Abba Nagaralu, S/o.Mallaiah, Aged 34 years, Occ.Business(small kirana shop).

R/o.H.No.2-3, Nandivaddeman village, Bijinapalle mandal, Nagarkurnool District, Telangana-50921 5.

Between:

AND

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

(Special Original Jurisdiction)

WEDNESDAY, THE TWENTY FOURTH DAY OF SEPTEIMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE K.LAXSHMAN

WRIT PETITION NO: 29084 OF 2025

...PETITIONER

THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad.

2. THE DEPUTY COMMISSIONER OF PROH. AND EXCISE, I\rlahabubnagar Division, Mahabubnagar District.

3. THE STATION HOUSE OFFICER, Nagarkumool Proh. And Excise Station, Nagarkunool 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 Order or direction more particularly a Writ of Mandamus, to declare the action of 2nd Respondent in not issuing Orders directing the 3rd Respondent for Release of Vehicle i.e., Toofan V an(2O12 Model) bearing Reg.No.AP-30-W-6999 valued at 50,000/-seized in C.O.R.No.78 of 2025 inspite of his readiness to furnish third party surety, as being illegal and arbitrary and consequently direct the Respondents to release the above said vehicle by accepting the third party surety.

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lA NO:1 OF 2025

Petition under Section 15 j 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 2nd Respondent herein to issue orders directing the 3rd Respondent to Release the petitioner,s Vehicle i.e., Toofan V.an(2012 Model) bearing Reg No AP-30-w-6999 varued at 50,000/-seized in c.o.R.No.78 of 2025, pending disposal of the Writ petition.

Counsel for the petitioner : SRt ARVAPALL| SHIVA SAI NATH

Counsel for the Respondents: Gp FOR PROH|BITION & EXCTSE

The Court made the following: ORDER

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THE HONOURABLE SRI JUSTTCE K. LAKSHMAN

WRIT PETITION No.29084 of 2025

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ORDER:

Heard leamed counsel for the petitioner and learned Govemment Pleader for prohibition and Excise appearing on behalf of respondent Nos. 1 and 2.

2. The petitioner herein is claiming that he is the owner of the vehicle i.e., Toofan BSIII Softtop bearing registration No. AP-30-W-6999. In proof of the same, he has filed a copy of the registration certifi cate.

3. The subject vehicle was seized on 01.09.2025 in C.O.R. No.78 of 2025 by the police of Nagarkumool prohibition and Excise Station, Nagarkurnool District. The allegations levelled against the accused in the said crime are that they were transporting 1170 kgs of black jaggery and 2 liters of ID liquor in the subject vehicle. The offence alleged is punishable under Section 34(e) of the Telangana Excise Act, 196g and 7(A) r/w 8(ef of Telangana prohibition Act, 1995. The petitioner states tl -;! '*' that he is a businessman. The vehicle was seized on 01.09.2025 and is presently lying at respondent No.3 police Station, subjected to sun and rain release of the said vehicle. ' lzooz) t o s{tc zs:r Therefore, the petitioner is seeking

4. Wheleas, the leamed Government pleader for prohibition and Excise, on instructions, would submit that the petitioner herein is also accused in two more C.O.Rs. and respondent No.2 has already issued a show cause notice dated 11.09.2025 to the petitioner. Ihe petitioner has not submitted any explanation. However, respondent No.2 will conclude the contiscation proceedings in accordance with law.

5. In Sunderbhai Ambatal Desai v. State of Gujaratl, the Apex Court held that whatever be the situation, it is of no use to keep 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 w t.

can be done pending hearing of applications for retum of such vehicles.

6. In light of the above discussion, the writ petition is allowed, directing respondent No. 3 to release the subject vehicle, i.e., Toofan BSIII Softop bearing registration No. AP-30-W-6999, to the petitioner upon proper verification of ownership and upon the petitioner furnishing a personal bond for Rs.50,000/- (Rupees Fifty.Thousand only) with one surety for a like sum, to the satisfaction of respondent No. 3. The petitioner shall deposit the original regiqhation certificate of the subject vehicle with respondent No. 3. The petitioner shall not alienate or change the color or nature of the vehicle during the 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 lnvestigating Ofhcer or before the Court. Liberty is granted to the petitioner to submit his explanation to the show cause notice I i : Il

To, dated 11.09.2025, if not already submitted, within ten days from the date ofreceipt ofa copy ofthis order. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. SD/.A. SRINIVASA REDDY ASSTSTANT REGISTRAR (/ //TRUE COPY// SECTION OFFICER Mahabubnagar District. The Station House Officer, Nagarkurnool Proh And Excise Station' Nagarkunool District. One CC to SRI ARVAPALLI SHIVA SAI NATH, Advocate' IOPUC] TwoCCstoGPFoRPRoHlBlTloNEXCISE,HighCourtfortheStateof Telangana. [OUT] Two CD Cocies. BSK BS 1 . The State Of Telangana, Represented by. its .Principal Secretary' Revenue (Excise) Deparlment. Secretariat. Hyderabad'

2. The Deputy Commissioner of Proh & Excise, Mahabubnagar Division' J

W

HIGH COURT DATED:2410912025

ORDER

WP.No.29084 of 2025 ALLOWING THE WRIT PETITION WITHOUT COSTS .--a1 ( t": ;. ',j, :' 2025 i :-- ,' 0 ? c[,7 \.\

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