Disposed

Athram Laxmi v. The State of Telangana

Telangana HC15 Oct 2024WP/24027/2024

Case brief

AI extract

What is this about?

A writ petition sought release of a Chevrolet Tavera seized in connection with an Excise Act crime involving black jaggery and alum. Noting the petitioner was not an accused and the contraband was not prohibited under the Excise Act, the Court directed release upon a Rs.25,000 deposit, subject to pending confiscation proceedings.

What did the court decide?

Vehicle to be released to petitioner subject to deposit of Rs.25,000 and pending confiscation orders; no alteration or alienation allowed; seizure entry to be made; no costs.

Athram Laxmi Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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[3183 ]

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

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TUESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSENREDDY}

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WRIT PETITION NO:24o27 OF²⁰²⁴

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Between:

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Athram Laxmi, W/o Venkatesh,^{Aged about 36 years, Occ. HouseholdOwner of} vefricte Uearing No.AP 02 AF^{7908, FVo 1-7-1} ,^{Aaigaam, Kotapalle,AdilabadDistrict} - 504 214.

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...PETITIONER

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AND

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1 The state of Telangana, Rep.^{by its PrincipalsecretaryProhibition.and Excise} Department. Dr. B.-R. Ambealkai^{Telangana Secretariat, Hyderabad.}

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2 The Deputy Commissioner^{of Prohibitionand Excise, Adilabad District'} 3. The station House officer,^{lvlancherialProhibition and Excise station,} Mancherial District.

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...RESPONDENTS

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Petition under Article²²⁶ of^{lhe constitutionof India praying that in the} circumstances stated in the^{affidavitfiled therewith, the High courtmay be} pleased to issue writ, order or Direction^{especially one in the Nature of writ of} Mandamus declaring the^{seizureof petitioner'scar (chevrolet Tavera) bearing} No.AP 02 AF 7908ⁱⁿ coR^{No.2B4 of 2024 dt.01lo'l2o24 is illegal,arbitrary,} violate of Article^{'19 (1) (g) of the constitutionof lndia and also contrary to the} provisions of Telangana Excise Act^{and consequently directthe respondents 2} and 3 to release the^{petitioners car (chevrolet Tavera) bearing No.AP02 AF} 7908 seized on O1tO8l2O24^{in connectionwitll.CORNo'284 of 2024'}

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lA NO: 1 OF 2024

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Petition under Section^'t 51 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the respondents 2 and 3 forthwith to release the^petitioner's Car^(Chevrolet Tavera) bearing No.AP 02 AF 7908 seized on 0110812024 in connection with COR No.284 of 2024,^pending disposal of the main writ^petition.

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Counsel for the Petitioner: SRI SENI NAVEEN

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Counsel for the Respondents: AGP FOR PROHIBITION AND EXCISE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY

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WRIT PETITION No.24027 OF 2024

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ORDER:(ORAL)

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Heard Mr. Seni Naveen, leamed counsel for the petitioner, and

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leamed Assistant Govemment Pleader for Prohibition and Excise, and

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perused the material on record.

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Vehicle of the petitioner bearing No.AP 02 AF 7908 was seized on 01.08.2024 in connection with the crime in COR No.284 of 2024 registered for the offence punishable under Section 34(e) of the Telangana State Excise Act 1968 (for short'Excise Act') by respondent No.3 - the Station House Officer, Mancherial Prohibition and Excise Station, Mancherial District. Allegation against the petitioner is that she is involved with accused persons who were transporting black^jaggery and alum in the subject vehicle.

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The learned counsel for the petitioner submitted that the petitioner is owner of the vehicle and her husband, who is accused No.2, was travelling in the subject vehicle.

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The learned Assistant Govemment Pleader for Prohibition and Excise submitted that samples of the seized contraband are sent for

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t'asr 2^(,fJ

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ll\ ll..l \ P t{o:i llllJ

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chemical examination; show cause notice was issued to the petitioner on 24.08.2024 and confiscation proceedings are pending

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Taking note of the fact that the petitioner is not an accused in COR No.284 of 2024 and the seized contraband consists of 540 kilogams of black-jaggery and l0 kilograms of alum only and are not prohibited substances under the Excise Act, this Court is inclined to grant relief to the petitioner.

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Therefore, the writ petition is disposed of, at the admission stage itself, directing respondent No.2 - the Deputy Commissioner of Prohibition and Excise, Adilabad District, to release the petitioner's vehicle Chevrolet Tavera bearing No.AP 02 AF 7908 in her favour subject to the condition ol her depositing a sum of Rs.25,000/(Rupees twenty five thousand only) in favour of respondent No.2. The release of the vehicle shall be subject to confiscation orders that may be passed by respondent No.2. The petitioner is directed not to alter physical features of the vehicle and not to alienate the same until confiscation proceedings are finalised. Respondent No.3 is directed to communicate to the Motor Vehicles Inspector concerned by making an entry that the subject vehicle was seized in connection with COR

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l'age I of3

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tl.R.,1 \P 21027 l0l-l

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No.284 of 2024^{dated0l .08.2024. Further, it is made clear that if the} petitioner is involved in any other^{similaroffences and the subject} vehicle is found to be^{transportingblack} iaggery^{/alum, the} respondents are at liberty^{to seek modification of this order. No order} as to costs.

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As a sequel thereto, miscellaneous^{applications,if any, pending}

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in the writ petition stand^closed.

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SD/.T, TIRUMALA EVI ASSISTANT

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//TRUE^COPY// SECTION FICER

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To, 1. The^{Deputy Commissioner of Prohibition and Excise' Adilabad District'} 2. The^{Station House} officer, Mancherial^{Prohibition and Excise} Station, Mancherial^District'

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One^{CCto SRI SENINAVEEN' Advocate IOPUC]}

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Two CCs^{to GP for Prohibition and Excise' High Court for the State of}

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iJrungrn, at HYderabad [oUT]

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Two CD^CoPies

HIGH COURT

DATED:1 511012024

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ORDER

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WP.No.24027 of 2024

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DISPOSING OF THE WRIT^PETITION

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WITHOUT COSTS

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Athram Laxmi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Athram Laxmi v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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