Disposed

Abdul Waseem v. The State of Telangana

Telangana HC16 Nov 2021WP/28466/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed for the immediate release of a seized vehicle involved in an illegal transportation case. While noting that public interest precludes release without proceedings, the Court directed release of the vehicle upon fulfillment of specific conditions, including a fixed deposit or bank guarantee and undertakings against alienation.

What did the court decide?

Directed the 3rd respondent to release the vehicle after obtaining a valuation certificate, subject to the petitioner furnishing a fixed deposit/bank guarantee, an undertaking not to alienate the vehi

Abdul Waseem Vs The State of Telangana — Property and Title | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SIXTEENTH DAY OF NOVEtMEER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE T.VINOD KUMAR

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wRtT PET|TION NO. 28466 0F 2021

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Between:

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Abdul Waseem, S/o. Abdul Saleem, Aged 27^years, Occ. Driver, R/o.^{H. No. 1-} 14-72011, Kousar Nagar, Kagaznagar Mandal, Kumuram Bheem^Asifabad District, erstwhile Adilabad District.

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...PETITIONER

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AND

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The State of Telangana, Rep. By its Commissioner of^{Civil Supplies, Civil} Supplies Bhavan, Panlagutta, Hyderabad.

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Th6'Collector^(Civil Sripplies),- Kumuram Bheem^{Asifabad District, erstwhile} Adilabad District.

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J. The Station House officer, Police Station Oahegaon,^{Kumuram Bheem Asifabad} District, erstwhile Adilabad District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleased} to issue a writ, order or direction,^{more particularlya writ of Mandamusdeclaring the} actions of the respondents^{No. 2 and 3 in not releasing the vehicle GoodsCarriage} Light Motor Vehicle bearing Registration^{No. TS 01 UB 1488 makingof Mahindra} Company registered on^{05-12-2014 with Regional TransportAuthority} Komrambheem Asifabad, seized in^{FIR No. 7612021 dated07-09-2021by 3rd} respondent is arbitrary,^{illegal,ultra vires, null and void, and in violationof} fundamental and constitutional^{rightsof the petitioner,in the interestof justice and} equity.

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lA NO: 1 OF 2021

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Petition under Section^{151 CPC prayingthat in the circumstancesstated in} the affidavit filed in support^{of the petition,the High court may be pleased to direct} the respondents no. 2 and^{3 to release the vehicleof the petitioner Goods carriage} Light Motor Vehicle bearing^{Registration No. TS 01 UB 1488 makingof Mahindra} company registered on^{05-12-2014 with Regional TransportAuthority} Komrambheem Asifabad,^{seizedin FIR No, 7612021dated07-09-2021by 3T1} respondent^pending disposal^{of the writ petitionin the interest of justice and equity.}

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Counsel for the Petitioner:^{SRI MOHAMMEDRAHAIL AHMED}

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Counsel for the Respondent^{Nos. 1 & 2: GP FOR CIVIL SUPPLIES}

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Counsel for the Respondent^{No.3: GP FOR HOME}

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The Court made the^{following:ORDER}

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THE HON'BLE SRI JUSTICE T,VINOD KUMAR

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WRIT PETITION 0.28466 of 2O2,

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ORDER

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With the consent of learned counsel for the petitioner, learned Government Pleader for Civil Supplies and learned Government^pleader for Home, the writ petltion is disposed of at the admission stage.

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Aggrieved by the action of the respondents in seizing the petitioner's vehicle bearing No.TS 01 UB 14BB in connection with Crlme No.76 of 2021 of P,S.Dahegaon, 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 the learned counsel for the petitioner and learned Government Pleader, enquiry under Section 6-4 of the Essential Commodities Act, 1955 (for short, 'the Act') and prosecution in the crime is yet to commence.

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Enquiry under Section 6-4 of the Act and investigation/prosecution into the crime registered against the petitioner may take considerable time, Meanwhile, as the vehicle is kept in the open yard exposed to sun and other weather conditions and kept idle, road wofthiness of the vehicle may be severely affected. At the same time, as the vehicle is involved in a crime and violated statutory regulations, it cannot be handed over to the owner even before proceedings are concluded. Such course may bolster the offender to commit further offences and is not in public interest. In the circumstances, the Court has to balance respective claims and take due note of public interest. In the given facts, Court is inclined to opt a middle path.

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In view of the same and having regard to the facts and circumstances of the case, without expressing any opinion on merits, the writ petition is disposed of directing the 3'd respondent/Station House Officer, P,S.Dahegaon, as the case may be, to release the vehicle after obtaining the valuation certificate from the concerned MV Inspector, subject to following conditions:

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(a) the petitioner shall furnish fixed deposit receipt as proof of opening of fixed deposit account for an amount valued by the concerned MV Inspector or bank^guarantee for the equal sum;

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(b) he shall furnish an undertaking in writing that he will not

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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 vehicle and driving licence of the driver;

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(e) the 3'd respondent-Station House Officer shall write to the RTA authorities not to entertain any^{applicationto transfer the vehiclein} question on any third party's name without clearance from the Civil Supplies Department; and

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(f) the release of the vehicle shall be subject to the orders^{to be} passed in the enquiry under Section 6-A of the Act/Prosecution of Crime N0.76 of 202L of P.S.Dahegaon.

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Pending miscellaneous^petitions, if^{any, shallstand closed in the}

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light of this final order.^N o order^{as t-o costs.}

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SD/.K.AMMAJI ASSISTANT REGISTRAR //TRUE COPY// h ,/ sEcTloN oTrrcen

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To, '.1 . The commissioner of civil supplies, civil Supplies, state of Telangana, Bhavan, 2. Th;' Panjagutta, d;t1jitoi HYderabad.^{-(civit-suppties),KumuramBheem Asifabad District, erstwhile} Adilabad District.

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Zaa,rt'lL-.p' /

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The Station House officer, porice Station Dahegaon, Kumuram Bheem Asifabad District, erstwhile Adilabad District.

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One CC to Sri Mohammed Rahail Ahmed, Advocate tOpUCl 5. Two ccs to Gp for civir Suppries, Hir,lri c;;;*i;iinJ5iate of rerangana at Hyderabad. [OUTI

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Hyderabad. [OUTI

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1. Two ccs to^-Gp f6r Home, High court for the state of rerangana at Hyderabad. lourl

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Two CD Cooies 8. One Spare bopy.

HIGH COURT

DATED:161111?-021

ORDER

WP.No.28466 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Abdul Waseem v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Abdul Waseem v. The State of Telangana

Case brief

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