Disposed

Ajay Katta v. The State of Telangana

Telangana HC22 Jan 2024WP/1364/2024

Case brief

AI extract

What is this about?

Writ petitioner sought mandamus declaring vehicle seizure illegal and directing release. Court held the vehicle was produced before the Magistrate. It directed the parties to approach the Magistrate under Section 451 Cr.P.C. for interim custody.

What did the court decide?

Writ petition disposed of; petitioner directed to file interim custody application under Section 451 Cr.P.C.; Magistrate to dispose of said application within two weeks.

Ajay Katta Vs The State of Telangana — Pension and Retirement Benefits | Telangana HC (2024)

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[^32e6 ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRIJUSTICE C.V. BHASKAR^REDDY

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WRIT PETITION NO: 1364 OF 2024

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Between:

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Ajay Katta, Sio: Ravinder, Age. 33^{years, .Occ. DriverRl/o.PatharlaPahad,} Athmakur(S), Suryapet Dist, Telangana.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its^{PrincipalSecretary Prohibitionand Excise} Department, Secretariat, Hyderabad.

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2 The Csmmissioner, Prohibition and Excise^{State of Telangana, at Hyderabad.}

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J The Deputy Commissioner of Prohibition^{and Excise, Ranga Reddy District,at} Hyderabad.

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4 The Sub -lnspector of Police, Suryapet^{ll Town,Suryapet Distribt}

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...RESPONDENTS

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Petition under Article 226 ol^{the Constitution of lndia praying that in the} circumstances stated in the affidavit^{filedtherewith, the High Court may be} pleased to issue an appropriate writ, order or direction more^{particularly one in the} nature of wRlT oF MANDAMUS declaring^{the action of the respondentsin seizing} the petitioner Ertiga car Bearing^{No.AP24AX-7999 under coverof FIR No. 508 of} 2023 dated 26-11-2023 as .^{illegal,arbitraryand consequently,direct the} respondents to release the^{Ertigacar Bearing No. AP24AX7999 seized by the4th} respondent under cover of^{FIR No. 508 of 2023 dated26-11-2023in favour of the} petitioner.

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A NO: 1 OF 2024

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Petition under Section 151 CPC^{praying thatin the circumstancesstated in} the affidavit filed in support of the^petition, the^{High Court may be pleased to direct} the respondents to release^petitioner said^{vehicle on anyterms and conditionsand} ldo hereby undertake to abide by any conditions^{that beingimposedby this} Hon'ble court for releasing of^{petitionerabove} said^{Ertiga car Bearing No.} AP24AX-7999 under cover of FIR No. 508 of^{2023dated 26-11-2023I submit that} I will not change the nature of the vehicle and^{I will not sell the vehicle andI will} produce the said Ertiga vehicle as and when directed by this Hon'ble court.

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Counsel for the Petitioner: SRI MUNUGA SATEESH

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Counsel for the Respondent No.1 to 3: AGP FOR PROHIBITION^EXCISE

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Counsel for the Respondent No.4: GP FOR^HOME

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The Court made the following: ORDER

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HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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WRIT PETITION No.1364 of 2024

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ORDER:

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This writ petition is filed seeking a writ of mandamus declaring the action of the respondents in seizing the petitioner's vehicle i.e. Ertiga Car bearing No.AP 24 AX 7999 in Crime No.508 of 2023, dated 26.1 I.2023 as illegal and arbitrary.

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The petitioner claims to be a registered owner of Ertiga Car bearing No.AP 24 AX7999. It is the case of the petitioner that the said vehicle was seized in Crime No.50B of 2023 dated 26.1I.2023, which was registered for the offences punishable under Section 171-E of I.P.C. and Section 123 (1) (A) of the Representation of the People Act, i950 by respondent No.4 on the ground that the vehicle is carrying non-duty paid liquor.

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The contention of the learned counsel for the petitioner is that even though said vehicle was seized on 26.11.2023 so far, the same has not been produced before

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the concerned Court to enable the petitioner to flle an /

CVBR. J wp t364]o24

appropriate application seeking^{release of the saidvehicle} for interim custody. It is further^{submittedthat the vehicle} was kept in idle from 26.11.2023^{and there isevery} possibility of the vehicle being damaged if the^{same is kept} in idle pending conclusion of the trial^{in the above crime} ard therefore, he^prays this Court to direct^{the respondents} to release the vehicle in interim custody^{of the petitioner.}

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The learned Assistant Government Pleader^for Prohibition and Excise has vehemently contended that^the vehicle belongs to the petitioner was seized in Crime No.SOB of 2023, registered for the offences punishable under Section 171-E of I.P.C. and Section 123 (1) (A) of^the Representation of the People Act, 195O as the said vehicle is carrying the non duty paid liquor and soon after registration of the crime said vehicle was produced before the concerned Magistrate.

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In view of the submission of the learned Assistant Government Pleader that the vehicle was already produced before the concerned Magistrate, this Court, deems it

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CVBR, J Wp 1364 2024

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appropriate to dispose of the writ petition permitting the petitioner to make an appropriate application under Section 451 of Cr.P.C. for seeking interim custody of the vehicle pending disposal of the case and if such an application is filed, the learned Magistrate is directed to examine the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, with a period of two (02) weeks from the date of filing of application.

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With the above observations, the Writ petition is disposed of. No costs.

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As a sequel, the miscellareous petitions pending, if

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any, shall stand closed.

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sD/-N itti"*ti6try'mR //rRUE coPY// secrKrrrcen

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To, I 2 , 3 ir;,lffi+rffi^{,i['['$ffi ffiffi} "'ffid;u;,ilft anetDistrict 4 !n3?i[!]f;tpre1trg:";'":HyiB?:l#tspffi 5 6. ?: 33Ji"t6$tlp3^tirm'E-;il;, Hdh'Court fbr the state of^reransana, ' at HYderabad [OUTI

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Two CD^CoPies TJ .P GJP

HIGH COURT

DATED:2210112024

ORDER

WP.No.1364 of 2024

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

Ajay Katta v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Ajay Katta v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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