Allowed

Satu Narasimha v. The State of Telangana

Telangana HC2 Jan 2024WP/35158/2023

Case brief

AI extract

What is this about?

In a habeas corpus nature petition under Article 226, the Telangana High Court directed the release of the petitioner's seized vehicle pending final confiscation proceedings, subject to fixed deposit and undertakings.

What did the court decide?

Release of seized Mahindra Verito car upon petitioner furnishing fixed deposit receipt of Rs. 50,000 and providing undertaking for vehicle maintenance and non-alienation.

Satu Narasimha Vs The State of Telangana — Property and Title | 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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TUESDAY, THE SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY

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wRtT PETIT|ON NO.35158 0F 2023

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Between:

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Satu Narasimha, S/o Satu Anjaiah, Aged about 43 years, Occ. Driver, Fl/o H.No. 2- 4411 , Keshampet lVandal, Chowlapalle (East), Chowlapally, Mahabub Nagar, Telangana.

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...PETlTIONER

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AND

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

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2 The Commissioner of Police, Rachakonda Police Commissionarate, Hyderabad District.

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J The Station House Officer, Maheshwaram Police Station, Mahabub Nagar District.

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue any writ, or order or directton more particularly one in the nature of Writ of Mandamus declaring the action of^the 3rd^{respondent the Station House} Officer, Maheshwaram Police Station, in detaining^{petitioner Mahindra and} Mahindra Verito car bearing No. TS 07 UL 6926 as^{illegal,arbitrary,} u nconstitutiona I and consequently, direct the 3rd^{respondentto release the} petitioner s Mahindra lvlahindra Verito car bearing No. TS 07 UL 6926.

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lA NO: 1 OF 2023

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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 the petitioner s Mahindra and Mahindra Verito car bearing No. TS 07 UL 6926.

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Counsel for the Petitioner: SRI KALTDAS VAMSHTKRTSHNA

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Counsel for the Respondents: 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.3515a of 2o23

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ORDER:

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This writ petition is filed to issue writ of mandamus declaring the action of respondent No.3 in not releasing the petitioner's vehicle i.e., Mahindra and Mahindra Verito Car bearing No.TS 07 UL 6926, which seized in Crime No.389 of 2023, dated 28.).1.2023, as illegal and arbitrary and for other reliefs.

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The petitioncr claims to be the registered owner of Mahindra and Mahindra Verito Car bearing No.TS O7 UL 6926. The said vehicle was seized in Crime No.3B9 of 2023 which was registered for an offence punishable under Section 3a (A) of the Telangana Excise Act, 1968 (for short "the Act").

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The contention of the learned counsel for the petitioner is that Section 45 of the Act provides that whenever an offence has been committed, which is punishable under the Act the things mentioned in Section 45 of the Act are liabie for confiscation. Section 46 of the

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CVBR, J wp 351 58 2023

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Act mandates the authority competent to seize the items rnentioned in Section 45 of the Act to produce before the Deputy Commissioner of Prohibition and Excise. On production of the seized property, the Depllty Commissioner is required to conduct proceedings for confiscation and if he is satislied that an offence is committed under the Act, he may order for confiscation of the property seized. The Deputy Commissioner is also authorised to conduct public auction or dispose of the property so confiscated. Against the order of the confiscation, an appeal would lie under Section 46-C of the Act. Learned counsel for the petitioner further submitted that this Court has passed several orders directing the respondents to release the seized vehicles subject to the petitioner depositing the value of the vehicles and also furnishing an undertaking that pending confiscation proceedings, the vehicle shall not be alienated.

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Having regard to the consistent view taken by this Court, the petitioner is also entitled to reiief of directing

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CVBR, J wp is l58 2023

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respondents to release his vehicle. Accordingly, the writ petition is disposed of, with the following directions:-

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(i) Pending final orders to be passed in confiscation proceedings, respondents are directed to release the Mahindra and Mahindra Verito Car bearing No.TS 07 UL 6926 on petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs.50,OOO/-.

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(ii) The petitioner is further directed not to encash the fixed deposits or create lien or mortgage on the fixed deposits till the conclusion of confiscation proceedings.

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(iii) The petitioner shall produce original R.C. Book of the vehicle at the time of release of the vehicle.

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(iv) The petitioner shal1 furnish undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features.

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CVBR, J wp 15 I 58 2021

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(v) The petitioner shall furnish undertaking that he

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should produce the vehicle as and when directed by the

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concerned Court or competent authority.

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There shall be no order as to costs. As a sequel, the

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miscellaneous petitions pending, if any, shall stand closed.

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SD/.N. SRIHARI AssrsrArSP;rsrRAR //TRUE COPYII

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To,

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SECTION OFFICER

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1 The Principal Secretarv. Home Department, State of Telangana, Secretariat, Hyderabad.

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The Commissioner of Police, Rachakonda police Commissionarate,

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Hyderabad District.

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a House Officer, [rrlaheshwaram potice Sration, Mahabub Nagar I[:r,3J.r,,""

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One CC to SRt KALTDAS VAMSH|KR|SHNA, Advocate tOpUCl

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Two CCs to Gp for Home, High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

GJP

HIGH COURT

DATED:0210112024

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ORDER

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WP.No.35158 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Ooqi" qsv

Satu Narasimha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Satu Narasimha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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