Allowed

Pithani Subramanyam v. The State of Telangana

Telangana HC9 Jan 2024WP/681/2024

Case brief

AI extract

What is this about?

This court dismissed a writ petition challenging the retention of a seized vehicle under the Telangana Excise Act. It directed the release of the vehicle upon the petitioner furnishing a fixed deposit receipt and providing undertakings against alienation and encashment pending final confiscation orders.

What did the court decide?

Release of seized DCM Eicher Vehicle bearing No.AP16 TF 9969 directed subject to petitioner furnishing fixed deposit receipt of Rs. 1,00,000/- and providing undertakings against alienation and encashm

Pithani Subramanyam Vs The State of… — Pension and Retirement Benefits | Telangana HC (2024)

¶1

{³²⁹⁶ I

¶2

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

¶3

TUESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR

¶4

PRESENT

¶5

THE HON'BLE SRI JUSTICE C.V.^BHASKARREDDY

¶6

WRIT PETITION NO.68¹ 0F 2024

¶7

Between:

¶8

Pithani Subramanyam, S/o P.Satyanarayan^Aged nbou!^{49 Yrs, Occ. Business R/o} Native of H.No.4-76, Menrod^{Villige,PirnugondaMandal,lllaparru,WestGodav-ari} District, Andhra Prddesh Presenfly^{residing at H.No.7-885.SubashNagar' IDA} Jeedimetla, Qutubullapur Mandal,^{Medchal Malkajgiri District}

¶9

...PETITIONER

¶10

ANO

¶11

1 The State of Telangana, Rep. by^{its Principal Secretiary. Reven-ue(Excise)} Departrnent, Dr. B.R. Ambedkar^{Telagnana Secretariat Hyderabad}

¶12

2 The Deputy Commissioner of^{Prohibition andExcise,Warangal District}

¶13

3 The Station House Officer, Kuravi^{Police Station, Mahabubabad District}

¶14

...RESPONDENTS

¶15

Petition under Arlicle 226 of the^{Constitutionof lndia praying that in the} circumstances stated in the^{affidavit filedtherewith,the High Court maybe} pleased to issue a writ, order or direction more^{particularlyone in the nature of} writ of Mandamus, declaring the^{action of the 3rd respondent in not releasing the} DCM Vehicle Bearing No.AP^{16 TF 9969 (Eicher) whichregisteredvideCrime} 26t2O23 dt.gt2t2o23 of P.S. Kuravi^{undersectiofl 34 (E) TSEA inspite of the} readiness of the^petitioner in^{furnishing the third party surety is illegal, and} arbitrary and consequently^{direct the 3rd respondent to order for interim} custody/release of the^{petitionefs vehicle DCM Vehicle Eearing No.AP16 TF}

¶16

9969^(Eicher) which registered vide^{Crime 2612023dt.9l2l2o23of P.S. Kuravi} under section 34^(E) Telangana Excise^{Act to grant.}

¶17

lA NO: I OF 2024

¶18

Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidavit filed in support of the^{petition,the High Court may be pleased to} direct the 3rd respondent to order interim^{custody/release of the petitioner'sDCM} Vehicle Bearing No.AP 16 TF 9969^{(Eicher) involved in Crime 2612023} dt.g.2.2023 of P.S. Kuravi under section^{34 (E) TelanganaExcise Act, pending} disposal of the writ^petition.

¶19

Counsel for the Petitioner:^SRI J.^{AZAD CHENDRA SHEKAR}

¶20

Counsel for the Rospondent Nos.¹ & 2: GP^{FOR PROHIBITION AND EXCISE}

¶21

Counsel for the Respondent No.3: GP FOR HOME

¶22

The Court made the following: ORDER

¶23

ffi

¶24

¶25

HON'BLE SRI JUSTICE C.V, BHASKAR REDDY WRIT PETITION No.681 of 2o24

¶26

ORDER

¶27

This writ petition is filed to issue writ of^mandamus declaring the action of^{respondentNo.3 in not releasing the} petitioner's vehicle i.e. DCM Eicher Vehicle bearing^{No.AP16 TF} 9969, which was seized in Crime^{No.26 of 2023, dated} 09.O2.2O23, as illegal^{and arbitrary and for otherreliefs.}

¶28

The petitioner claims to be the^{registeredowner} of^DCM Eicher Vehicle bearing^{No.AP16 TF 9969. The said vehiclewas} seized in Crime No.26 of^{2O23which was registeredfor an} offence punishable under^{Section 3a (E) of the Telangana Excise} Act, 1968 (for short^{"the Act").}

¶29

The contention of the learned counsel^{for the petitioneris} that Section 45 of the^{Act provides that wheneveran offence has} been committed,^which is^{punishableunder the Act the things} mentioned in Section 45 of^{the Act are liable for conhscation'} Section 46 of the Act^{mandates the authority competentto seize} the items mentioned in^{Section 45 of the Act to producebefore} the Deputy Commissioner of Prohibition^{and Excise.On} production of the seized^property, the Deputy Commissioner^is requiied to conduct^proceedings for^{conltscationand if he is}

¶30

¶31

CVBR, J Wp_68 I _2024

¶32

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 conf-rscated. 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.

¶33

Having regard to the consistent view taken by this Court, the petitioner is also entitled to relief of directing respondents to release his vehicle. Accordingly, the writ petition is disposed of, with the following directions:-

¶34

(i) Pending final orders to be passed in confiscation proceedings, respondents are directed to release the DCM Eicher Vehicle bearing No.Ap 16 TF 9969 subject to the petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs.l,0O,OO0/-.

CVBR. J wp_681 2024

(ii) The petitioner is further directed^{not to encashthe hxed} deposits or create^{lien or mortgageon the fixed deposits till the} conclusion of confiscation^proceedings.

¶40

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

¶41

(iv) The petitioner shall 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.}

¶42

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

¶43

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

¶44

miscellaneous^{petitions pending,if any, shall stand closed'}

Assrsrf,iD+-Jt"$'IXA

//rRUE coPY//

SECTION OFFICER

To,

The^Principal Secretary Revenue (Excise) Department, State of Telangana, Dr. B.R. Ambedkar Telagnana, Secretariat, Hvd'erabad

¶52

?.^I|.," Pgqrty^{Commiss_ionerof Prohibition and Excise, WarangalDistrict.} 3. The Station House Officer, Kuravi Police Stati<cn, MahabuOaSaO Oistrict.

¶53

One CC to SRI J. AZAD CHENDRA SHE(AR, Advocate tOpUCl 5. Two CCs to GP for Prohibition and Excise, High Coirrt for'the State of Telangana at Hyderabad. [OUT]

¶54

Two CCs to GP for Hdme,^-High Court for the State of Telangana at Hyderabad [OUT]

¶55

Two CD Copies

t\5

HIGH COURT

DATED:0910112024

6 S TA rF
1
3 c 24 ,lA\ 202[ o
J+
*
!.s;-'rrtt
ORDER

¶61

WP.No.681 of 2024

¶62

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

Pithani Subramanyam v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Pithani Subramanyam 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

Navulla Malla Reddy Vs The State of Telangana

Sai Charan Amberkar Vs The State of Telangana

Suchith Kondadasula, Vs The State of Telangana

Smt. T. Seetamma Vs State of Telangana

S. Sunny Edward Vs The State of Telangana

Ch. Sattaiah, Vs The State of Telangana