Disposed

Vaddepally Sudarshan v. The State of Telangana

Telangana HC24 Jan 2024WP/1684/2024

Case brief

AI extract

What is this about?

Writ petition by registered owner seeking release of his seized vehicle in an excise case where he was not accused. Court directed release of the vehicle on furnishing fixed deposit of Rs.50,000, original RC Book and undertakings not to alienate it, pending confiscation proceedings.

What did the court decide?

Release of Maruthi Suzuki Ertiga VXI (O) CNG vehicle TS-21-L-8100 to petitioner on furnishing Rs.50,000 fixed deposit and undertakings, pending confiscation proceedings.

Vaddepally Sudarshan Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

¶1

t^32e6I

¶2

HIGH COURT FOR THE STATE OF^{TELANGANA AT HYDERABAD} {Special^{Original Jurisdiction)}

¶3

WEDNESDAY, THE TWENTY FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY

¶6

WRIT PETITION NO :1684OF 2024

¶7

Between:

¶8

Vaddepally Sudarshan, S/o. Narayana, Aged 37^{years, Occ.Business,Rl/o.} H. No. 3-5i?, lppapalle Village, Jagityal Mandal, Karimnagar^District.

¶9

...PETITIONER

¶10

AND

¶11

1 The State of Telangana, rep. by its Principal Secretary, Proh. and Excise Department Secretariat, Hyderabad.

¶12

2 The Deputy Commissioner of Prohilrition and Excise, Sangareddy Division at Sangareddy, Sangareddy District.,

¶13

The Station House Officer, Proh. and Excise Police^Station Sangareddy Sangareddy District.

¶14

...RESPONDENTS

¶15

Petition under Article 226 ol lhe Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus declaring that the action of the respondent No.2 and 3^questioning the action of the respondent No.2 and 3 in not releasing the Petitioners Maruthi Suzuki Ertiga VXI (O) CNG vehicle bearing No. TS-21-L-810O in Crime/COR. No. 328 of N23, dl. 30-12-2023 on the file of Proh. and Excise Station, Sangareddy, Sangareddy District inspite of readiness to furnish the third^party surety, as being illegal, arbitrary and unjust, and consequently direct the Respondents to release the vehicle Maruthi Suzuki Ertiga VXI^(O) CNG bearing No. TS-21-L-8100ⁱⁿ infarrcur Petitioner forthwith.

¶16

IA NO 1 0F 2024

¶17

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 to release the petitioner's vehicle Maruthi Suzuki Ertiga VXI (O) CNG bearing No. TS-21-L-8100 seized in Crime/ COR. No. 328 of 2023, Dt.30-12-2023 on the file of Proh and Excise Station, Sangareddy, Sangareddy district in my favour forthwith, pending disposal of the main Writ Petition.

¶18

Counsel for the Petitioner: SRI PALLE SRIHARINATH

¶19

Counsel for the Respondents: AGP FOR PROHIBITION & EXCISE The Court made the following: ORDER

¶20

-7

¶21

THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION No.1584 OF 2o24

¶22

ORDIR

¶23

This Writ Petition, under Article 226 of th.e Constitution of

¶24

India, is filed seeking the following relief:

¶25

'to issue aI order or direction more particularly one in the nature of writ of mandamus declaring that the action of ttre respondent Nos-2 and 3 questioning the action of the respondent Nos.2 ald 3 in not releasing the petitioner's Maruthi Suzuki Ertiga VK (O) CNG vehicle bearing No.TS-21-L-8100 in Crime/COR. No.328 ot 2023, dated 3Q.12.2O23 on the file of Proh.&Excise Station, Sangareddy, in spite of readiness to furnish the third party surety, as being illegal, arbitrary and unjust and consequently to direct the respondents to release the vehicle Maruthi Suzuki Ertiga VXI (O) CNG bearing No.TS-21-L-810O in favour of petitioner forthwith..."

¶26

Heard learned counsel for the petitioner, Iearned Assistant Government Pleader for Prohibition and Excise appearing for the respondents and perused the record.

¶27

The petitioner is a registered owner of Maruthi Suzuki Ertiga VXI (O) CNG Vehicle bearing No.TS-21-L-8100. The case of the prosecution is that on 30.12.2023 the Prohibition and Excise officials while conducting route watch near MRF Company, Maddikunta X Road, they apprehended the vehicle in question and found three persons travelling in the said vehicle and also found transporting of 46.750 litres of NDPL liquor. The contraband was seized under the cover of panchanama and registered a case in COR/Crime No.328 of 2023 under Section 34

¶28

2 CVBRJ vp 168,1 1024

¶29

(a) of the Telangana^{Excise Act, 1968(for short, 'the Act, 1968J} against the driver^{of the said vehicle and seized the vehicle in} question.

¶30

' 4. The grievance of the^{petitioneris that he is not an} accused in the^{aJoresaid crime, but, however, he is owner of} vehicle in^{question.It is further case of the petitioner that before} registering case, the^{respondentsought to haveverifiedthe} petitioner's antecedents and^{withoutverifying the same' the} aforesaid crime^{was registeredandseized the vehicle in question'}

¶31

The contention of^{learned counselfor the petitioner} is that Section 45 of^{the Act, 1968 provides that whenever an} offence has been^{committed, which is punishableunder the Act,} 1968, the things^{mentioned in Section 45 of the Act, 1968 are} liable for confiscation.^{Section46 of the Act, 1968 maldatesthe} authority competent^{to seize the items mentioned in Section45} of the Act, 1968^{to produce beforethe Deputy Commissionerof} Prohibition and Excise.^{On production oftheseizedproperty,the} Deputy Commissioner^{is required to conduct proceedings for} confiscaLion and^{if he is satisfiedthat al offenceis committed} under the Act,^{1968 he mayorder for confiscation of the property} seized. The Deputy^{Commissioneris alsoauthorized to conduct} public auction or dispose^{of the propertyso confiscated'Against}

CVBRJ va-l68r' 20,1

-,/

the order of the confiscation, an appeal^{wouldlie under Section} 46-C of the Act, 1968. Learned counsel^{for the petitionerfurther} submitted that this Court has passed^{several ordersdirectingthe} respondents to release the seized^vehicles subject^tothe petitioner depositing the value o[ the^{vehicle and also furnishing} alr undertaking that^pending conhscation^{proceedings,the} vehicles shall not be alienated.

¶38

Having regard to the consistent^{view taken by this} Court, the petitioner is also entitled^{to the relief of directing} respondents to release the^{vehicle in his favour.Accordingly, the} Writ Petition is disposed of with the^{followingdirections:-}

¶39

(i) Pending final orders to be^{passedin confiscationproceedings,} respondents a-re directed to^release the^{Maruthi Suzuki ErtigaV)(I} (O) CNG Vehicle bearing No. TS-21-L-8IOO in^{favour of the petitioner} on his furnishing lxed deposit^{ofRs.5O,0O0/- (RuPees Fifty} Thousand only).

¶40

(ii) The petitioner is further directed not to^{encash the fixed deposits} or create lien or mortgage on^{the fxed deposits till the conclusionof} confi scation^proceedings.

¶41

(iii) The petitioner shall produce^{original R.C. Bookof the vehicle} at the time of release of^{the vehicl,e.}

¶42

(iv) The petitioner shall furnish^{an undertakingthat he will not} transfer or alienate the^{vehicleto third party in any mannerand will} maintain the vehicle in the^{samegood roadworthycondition} without changing the major^{parts and features'}

¶43

¶44

¶45

CVBR-,, ( qp l6E1 202.r

¶46

(v) The petitioner shall furnish an undertaling that he should^produce the vehicle as and when directed by the concerned Court or competent authority.

¶47

Miscellaneous petitions, if any, pending in this Writ

¶48

Petition shall stand closed. There shall be no order as to costs.

¶49

SD/. B.SARASWATHI ASSISTANT^R\GTSTRAR

/ITRUE COPY// Y

SECTION^OFFICER

To,

and Excise^{DepartmentSecretariat,}

¶54

1. The Principal^{Secretary,Proh} Hyderabad,^{State of Telangana'}

¶55

The Deputy^{commissioner of Prohibitionand Excise,sangareddyDivision at} sangar;doY,^{SangareddYDistrict',}

¶56

The Station^{HouseOfficer, Proh' and Excise Police Station Sangareddy'} SangareddY^District.

¶57

One CC to^{SRIPALLE SRIHARINATH, Advocate[OPUC]}

¶58

5.TwoCCstoGPFoRPRoHlBlTloN&EXCISE,HighCourtfortheStateof Telangana at^Hyderabad IOUTI

¶59

Two CD CoPies

i, l

lr 1 I I

HIGH COURT

DATED: 2410112024

ORDER

WP.No.1684 of 2024

1 Y\E STArc
or
k
5
31 JAll 2r2r I
{'

o[sI.,AICY<br>---r--i'

¶69

DISPOSING OF THE WRIT PETITION,

¶70

WTHOUT COSTS

¶71

€,
)/^
v<br>

Vaddepally Sudarshan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Vaddepally Sudarshan v. The State of Telangana

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

Similar cases

Meghvath Alivelu Mangamma Vs The State of Telangana

Subhash Chandra Sharma Vs The State of Telangana, Rep. by its Principal Secretary

Upadey Laxman, Vs The State of Telangana

Sri Amireddy Thirumala Reddy Vs The State of Telangana

Namaste Saloon And Spa Vs The State of Telangana

M. Jayasimha Reddy Vs The State of Telangana