Disposed

Devalamkadi Beesi Reddy v. The State of Telangana and 3 Others

Telangana HC2 Jun 2021WP/11327/2021

Case brief

AI extract

What is this about?

The High Court, at the admission stage, directed the release of a seized Bolero vehicle involved in a crime alleging illegal PDS transport. The order conditioned release on the petitioner providing a bank guarantee, an undertaking not to alienate the vehicle, and compliance with restrictions on transfer until the investigation under the Essential Commodities Act concludes.

What did the court decide?

Directing the release of the seized vehicle subject to the petitioner furnishing a bank guarantee, an undertaking not to alienate the vehicle, production of RC book and license, and restriction on tra

Devalamkadi Beesi Reddy Vs The State of Telangana and 3 Others — Telangana HC (2021) — LawSathi Research

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY,THE SECOND DAY OF JUNE TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 11327 OF 2021

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Between:

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Devalamkadi .Beesi Reddy, S/o D. Beesi Reddy, Aged about. 45 yrs., Occ. Business, R/o H.No.3-27, Mogilravalcheruvu, ltikyala Mandal, Jogulamba Gadwal District

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Home Department,

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Secretariat, Hyderabad

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The District Collector, Jogulamba Gadwal District, Telangana State

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The Station House Officer, Rajoli Police Station, Jogulariba Gadwal District

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The Tahsildar, Itikyala IMandal, Jogulamba Gadwal-District

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...RESPONDENTS

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Petition under Article 226 oI the constitution of lndia praying that in the circumstances 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 writ of Mandamus, declaring the action of the 3rd respondent in not releasing the petitioner s Bolero Auto bearing No.TS 08 CBTYR 2854 which was seized in crime No.19/2021 of Rajoli Police station, Jogulamba Gadwal District on petitioner furnishing third party surety, as being illegal, and arbitrary and consequently direct the respondents to order for release of the vehicle to the petitioner.

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lA NO: 1 OF 2021

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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 3rd respondent to release petitioner's Bolero Auto bearing No.TS 0B CBTYR 2854 which was seized in Crime No.19/2021 of Rajoli Police Station, Jogulamba Gadwal District, pending disposal of the writ petition.

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Counsel for the Petitioner : SRI KOLA SRINIVAS

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Counsel for the Respondent Nos.1 & 3: GP FOR HOME

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Counsel for the Respondent Nos.2 & 4: GP FOR CIVIL SUPPLIES

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTTCE^{T. AMARNATH GOUD}

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UIRIT PETITION NO.1].327 O^F 202t

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ORDER:

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I . I leard. With the consent of learned counsel^{for the petitioner} and learned Government Pieader lor Civil^Suppiies, the^wr:it petition is disposed ol ar the admisston stage

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Aggrieved by the action ol the respondents in^seizingthe vehicle Bolero Auto bearing No.TS 0B CBTYR^{2854 tn connection} with Crime No.19 of 2027 of Rajoli Police Station on^{the ground} that the vehicle was used for illegal transportation of PDS rice, the present writ petition is filed.

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As fairly submitted by learned Counsel for^pe titioner and learned Government Pleadcr, enguiry under Section 6-A ol the trssentiai Commodities Act, I955 (for short 'the Act') and prosecution in the crime is yet to commence

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trnquirl under Section 6-A ol the Act and invcstigatior-r,/prosecution into the crime registcred againsl petitioner ma1' take considerable time. Meanwhile, as the vehicle rs kept in thc operr 1'ard exposecl to surr and other weather conditions and kept rd1c, road worthincss of Lhe vehicle ma.,, bc scvercll affected. Ar t}-re same time, as the vehicle is invoived in a crime and vioiated statutcry reguiations, it can not be handed ovor to the owner even before proceedings are concluded. Such coursc ma1' bolster the offender to commit further offences and is not rn public interest. In the circumstances, the Court has to balance respective claims and l ake due note of public interest. [n rhe giv,:n f acts. Court rs inclinerl to opt.l middlc path.

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In view of the same and hat ing regard to the facts and circumstance s of thc casc, withouL expressing any opinion on mcrits, the writ petil.ion is clisposcd oi drrecling the 3"r rcspondent Station Iiouse Ofliccr, Rajoli I)olice SLation, Jogul:rmba Dadrval Distrrct 1o rerlease t.hc vehicle in issue, sub3cct to lollos'ing conditions:

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(a) The petitioner shall furnish bank guarantee to the value of the vehicle as assessed by concerned Motor Vehicle Inspector;

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(b) he shall furnish an undertaking in writing that he will not alienate or change the physical features of the^vehicle;

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(d) he shall furnish the copies of R.C. Book of the vehicie and driving licence of the driver;

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(e) the 3.d respondenl-Station House Oflicer shall write to Lhe RTA aulhorilies not lo enlertain an5' applicalion lo^{transfer thc vehicle} in qucsl.ion on any third^pzrr1.1"s namc^{u,ithoutclearanceliom thc} Oivil Supplies I)epartmcnl ;

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(f) the release of the vebicle shall be subject to the orders to^be passed in the ei-iquiry under Section 6-A of^{the Act/prosecutionof} Crime No. 19 of 2O21.

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Pending miscellaneous^{petitions, if any, shall stand closed}

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SD/. K.SHYLESHI //rRUE coPY//^{ASSlsrANr1R'7Eu}

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SECNOMOFFICER

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\ To,

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The Principal Secretary, Home Department, state of rerangana, secretariat, Hyderabad

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2 J!: Pi:lt"t^{C,ollecto],Jogutg mbg} _Gqdwal^{District,Tetangana State} 3 rne statio-n House officer, Rajoli police station, Jogulariba Gadwal District 4 The T^ahsildar, ltikyala Mandal, Jogulamba GaOwal "Dsirict 5 One CC to Sri Kola Srinivas, Advocate IOPUCI 6 Two CCs to GPJor Home, High Court for the State of Telangana at Hyderabad. [OUT]

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7 Two CCs to GP for Civil Suoplies, High Court for the State of Telangana at Hyderabad. [OUT]

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B Two CD Copies

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Sm --/ (/

HIGH COURT

DATED:02/06/2021

ORDER

WP.No.11 327 of 2021

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DISPOSING OF THE WP WITHOUT COSTS

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Devalamkadi Beesi Reddy v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

Devalamkadi Beesi Reddy v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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