Disposed

Guguloth Naresh v. The State of Telangana

Telangana HC8 Mar 2021CRLP/1516/2021

Case brief

AI extract

What is this about?

Court disposed of a criminal petition under Section 482 Cr.P.C. directing release of a seized two wheeler, subject to the owner furnishing a fixed deposit of Rs. 10,000 and filing an undertaking against alienation.

What did the court decide?

Rejection of the prayer for unconditional release. Direction to release the two wheeler subject to a fixed deposit of Rs. 10,000 and an undertaking against alienation.

Guguloth Naresh Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2021)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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AT HYDERABAD

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MONDAY, THE EIGHTH DAY OF MARCH TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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MINAL PETITION NO: 1516

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Between:

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Guguloth Naresh, Sio. Sanjiva, Aged. 23 Years, Occ.^{Cooli, Fl/o.Thanya} Thanda, Muthyam Thanda, H/o. Polepally Village, Thorrur^Mandal, Mahabubabad District.

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...Petitioner/Owner of the Two Wheeler bearing^{No'T.5'26'9272}

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AND

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The State of Telangana, Through its Prohibition^{and Excise, Police Station} Thorrur, represented by its Public Prosecutor,^{High Court, at Hyderabad,}

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The Deputy Commissioner of Prohibition and^{Excise,Warangal Division'} Warangal District.

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...RESPONDENT/COMPLAINANTS

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Petition under Section 482 of Ct.P.C Read^{with 457of Cr. P.C praying that in} the circumstances stated in the t/emorandum of Grounds^{of Criminal Petition,the} High court may be^pleased to directing the^{2nd Respondentforth with to release the} Petrtioners Two Wheeler bearing Registration^{No. T.5-26- 9272 involvedin} C.O.R. No.14 of 2021 of Prohibition and^{Excise, Thorrur,MahabubabadDistrict in} spite of readiness to furnish the third^{party suretyvalue of Rs.5,000/-beforethe} concerned Magistrate.

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This Petition coming on for hearing, upon^{perusingthe Memorandum of} Grounds of Criminal Petition and upon hearing the^{argumentsof Sri Ramidi} Sathyanarayana, Advocate for the Petitioner^{and GP for ProhibitionandExciseon} behalf of the Respondents.

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The Court made the following: ORDER

i I

THE HONOURABLE SRI JUSTICE K.LAKSHMAN

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CRIMINAL PETITION No. 1516 oF 2021

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ORDER:

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This Criminai Petition is filed to direct the second respondent to release the petitioner,s two wheeler bearing Registration No.TS-26-9272 involved in COR No.14 of 202 1 on the file of Prohibition and Excise Station, Thorrur, Mahabubabad District, in spite of his readiness to furnish sureties.

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Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.

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The case of the petitioner is that he is the registered owner of the vehicle i.e., two wheeler bearing Registration No.TS_26_9222 and the said vehicle is being using for his day to day activities. He further submits that the first respondent seized the said vehicle on the ground that he is carrying on two bottles of four liters contraband I.D. Liqor.

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Learned counsel for the petitioner would submit that the vehicle in dispute is of the year 2OlZ make. In proof of the same, he has filed copy of certificate of registration. The contraband seized was two bottles of four liters contraband I.D. liquor. By referring the same, learned counsel for the petitioner would submit that an amount of Rs.S,00O/- could be rhe reasonable amount towards security deposit for releasing of thc vehicle.

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Considering the fact that the petitioner is only using his vehicle for his day to day activities, the vehicle can be released subject to further proceedings under the Excise Act, on certain terms.

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The Criminal petition is accordingly, disposed of directing the respondents to release the two wheeler vehicle bearing Registration No.TS_26_9222 subject to the condition of the petitioner furnishing Fixed Deposit Receipt (pDR) for Rs.10,000/_ (Rupees ten thousand only) in favour of the second respondent. The petitioner shall also furnish an undertaking that he will not alienate or change the physical features of the vehicle. The second respondent shall write to the RTA authority not to transfer the vehicle in favour of any third party without clearance from the Excise Department. Needless to say, release of the vehicle is subject to the orders that shall be passed by the second respondent authority pursuant lo the enquiry to be conducted under the provisions of the trxcise Act. No order as to costs.

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Miscellaneous Petitions, il any, pending, sha1l also stancl

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closed

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SD/-B.SATYAVATHI ASSISTANT^REGISTRAR

//TRUE^COPY'

SECTION^OFFICER

The^{Prohibition and Excise' Police StationThotur'Mahabubabad District'}

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The^{Deputvcommissiorie'r'"f;;i;ili;;and Excise' warangalDivision'}

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. $r#T31'3',.1'Jtlro,,"^{prosecutor, High court ror the State of relansana at} . +#%t3?"'3811,^{p'or'initionand Excise' High courtror the State or}

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f"fu*inrn at HYderabad [OUT]

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;;:'^{3;' tl' b;i nZ'ioi s'it,iu*'.lvuna'AdvocatetoPUCl}

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Two^{CD CoPies}

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HIGH^COURT

DATED:8/0312021

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¶47

ORDER

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CRLP.No.'1516 ot 2021

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DISPOSING OF THE CRIMINAL PETITION

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le 74

Guguloth Naresh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Guguloth Naresh v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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