WP/28680/2025 of Nenavath Naveen, Vs The State of Telangana on 22 September 2025

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDEIIABAD

(Special Original Jurisdiction)

MONDAY, THE TWENTY SECOND DAY OF SEPTEI/BER

TWO THOUSAND AIID TWENTY FIVE

PRESENT

THE HONOURABLE SRI .IUSTICE K.LAKSHMAN

WRIT PETITION NO: 28680 OF 2025

Between:

Nenavath Naveen, S/o N.Laxman, Aged about 23 years, Occ; Owner of vehicle Bearing No.TS21 J '11 13, R/o 4-23, Shivannagudem Thanda, ltrledak, Telanqana- 502306

...pETrrroNER

AND

1. The State of Telangana, Rep. by its F'rincipal Secretary Department of Prohibition and Excise T.S, Secretariat Hyderabad.

2. The Deputy Commissioner of Prohibition and Excise, Sangareddy District.

3.--The Station House officer, Zheerababad Police Station, Sangareddy District.

...RESPONDENTS

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filt:d therewith, the High Court may be pleased to issue Writ, Order or Direction especially one in the Nature of Writ of Mandamus declaring the seizure of petitioners (LMV) bearing No.TS21 J 1113 in

C.O.R No.262 of 2025 on 23-08-2025 is illegal, arbitrary, violate of Article 19 (1)

(g) of the Constitution of lndia and also contrary to the provisions of Telangana Excise Act and T.S. Prohibition Act consequently direct the respondents 2 and 3 to release the petitioner's (LMV) bearing No.TS21 J 11 13 seized on 23-08-2025.

lA NO: 1 OF 2025

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 respondents 2 & 3 to release the petitioner's (LMV) bearing No,TS21 J 1113

forthwith, pending disposal of the, main writ petition.

Counsel for the Petitioner: SRl. AKKI BHASKAR GOUD

Counsel for the Respondent No. 1 & 2: GP FOR PROHIBITION EXCISE

Counsel for the Respondent No. 3: GP FOR HOME

The Court made the following: ORDER

'I'HE IXO\OURAI}LE SRI JUSTICE K. LAKSH1VIAN

\\'IIIT PIt'IITION No.28680 of 7025

oRnr,.tr:

Hearrl leamed counsel lbr the petitioner, learncd (iovenrment Plcader lor Prohibition and Excise and learned Governmeut Pieader fbr Homc appearing on behalf of the rcspondents.

2.

fhe petitioner herein is clair.ning that he is tl.rc oryncp ef th.

vehiclc i.e., To1,o1a Glanza (LMV) bearing registrati()n No.'l'S2l-J-

II13. ln proof of the same, he has filed a copy olthe registration ccrtiflcate.

3.

The subject vehicle was seized on 23.08.2025 in C.O.R.

No.262 of 2025 by respondent No.3. The allegation levelled against the accused in the said crime is that he \\'irs transpofting whisky and other brands of liquor in the subject vehicle. The ofTence alleged is punishable undcr Sections 34(a) ol- Excise Act, 1968 and 7(A) read with 8(e) of the lelangana Prohibition Act,

1995. 'fhe petitioner states that his livelihood depi:nds on plying his vehicle on hire. l'he vehicle was seized on 23.08.2025 and is presently lying at respondent No.3 - Police Station, subjected to sun and rain. 'fherefore, the petitioner is seeking release of the said veliicle.

4.

In Sunderbhai Ambalal Desai v. Statc of Gujaratr, thc Apex Court held that whatever be thc situation, it is of no use to kcep such-seized vchicles at thc police stations lor a long period. lt is for the Magistrate to pass appropriatc orders immediately by taking appropriate bond and guarantee as weil as security ficr retum of the said vehicles, i{'requirecl at any point of time. This can be done pending hearing ofapplications lbr retunt ofsuch vehicles.

5.

In light of the above discussion, the writ petition is allowed, directing respondent No.3 to release the subject vehicle, i.e., 'loyota Glanza (LMV) bearing registration No.TS2l-J-1113, to the petitioner upon proper veritlcation of ownership and upon the petitioner furnishing a personal bond fbr Rs.2,00,000/- (Rupees 'fwo Lakhs only) with one surety tbr a like sum, to the satisfaction of respondent No.3. The petitioner shall deposit the original ' (2002) ro scc 283

registration certificate of the subject vehicle with respondent No.3.

'I'he petitioner shall not alienate or change the color ()r' nature of the ve hicle during tire pcndency of the investigation arrtl confiscation proceedings. llc shall submit an undertaking to rcspondent No.3

stal.ing that he will produce the vchicle whenever rcquired, either bcfore the Investigating Officer or before the Court.

As ir scquel, miscellaneous petitions pending. if any, shall stand closed.

SD/. C" DEEPIK{

ASSISTANT REGISTRAR

ll

,TRUE COPY//

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SECTION OFFIC ER

To.

I he Princioal Secretary, Department of Prohibition and Excise State of i"Lnqrnd T.S. Secretariat Hyderanao , r.^:^^ c'^, The DeoutV Commtsstoner oi ijroniUition and Ex^cise' Sar oareddv District'

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D AIED:2210912025