Allowed

Shireesha Mahankali v. The State of Telangana

Telangana HC10 Jan 2024WP/771/2024

Case brief

AI extract

What is this about?

The High Court allowed a writ petition for the release of a seized car, ruling that the authority must release the vehicle subject to the petitioner depositing Rs. 1,00,000 and furnishing an undertaking. The order imposes conditions regarding alienation and maintenance of the vehicle while confiscation proceedings continue.

What did the court decide?

Release of the seized vehicle upon deposit of Rs. 1,00,000, furnishing an undertaking of security, and an undertaking not to alienate or tamper with the vehicle.

Shireesha Mahankali Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2024)

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''"'"',;:,';,fji5,,{isu.DoF,ELANGANA

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PRESENT

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Between:

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THE HON,BLE SRI JUSTICE C. V. BHAS

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KAR REDDY

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,T PETtTt ON NO:7 71 OF 2024

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:ix;}l,"1{,T"fr1t,,y:.,?#',fiilffi ,.^r"nr?,",R,,.,"?,#.#,?, Wife, Dist. ^,"fi

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iifj*g,fiiil,:,g#fli:ffi fiff--i;ffi crse, Mandamari,:",",",-:::

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Petition under Articlc 2)a ^t ,,..RESPONDENTS 226 of the constitutir circumstances stateo i,t of India praying that in the tn" affidavit t*o *t'i" pleased to issue " *.n' mandamus or any other or order more particula;;'I"tf;:'H;:""#, :; writ or order or orders declaring action of the Respondent No.2 in .i::^:'::]" No.TS16EH325B *,,n^{''t'nn the car bf the petitioner} bearing n"gi"t;tion yffiT',',r,I:#f :: :"il,, ;,,c "::::#i:j:::n1r No3 and he ressterns J:Ii::#::: ffi.T.:i;. ;;::E;"Ti:; Bellampa'y and keeping the vehicre in his custody as being arbitrary, vindictive, iltegar, viorative of Articres 14, 16 and 21 0f theconstitution of rndia and against to the principres of Naturar Justice, and consequenry set-aside the seizure of car of the petitioner bearing Registration No.TS 16EH3258 with Engine and chassis NoG4LAFM827361 and No'MALA85r.LFM352962K by the Respondent No.2, and direct Respondent No 2 and 3 to rerease the vehicre to the petitioner

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the^{circumstances statedin} IA NO:^10F2o24 er^{Section 151 CPC Praying that in} Petiti^{on und} the^{High Court may be Pleased to direct} the^{affidavit {iledin support of the Petition'} of the Petitioner^beartng ndent^{No 2 and 3 to release the Car} the^Respo e and^{chassis No G4LAFM827361and} Registratio^{n No.TS16EH3258with Engrn} No MALAB^{51CLFM352962Kseized in CrNo.No.255/2023'Daled 26'11'2023on} the^{file of Police Station Mandamarri andCOR No.580/2023'Dated16 12 2023 bY} ustody'^{in the interest of iusticePending} the^{P and ESI Bellampallyas interim c} disposal^{of the abovewrit petition} Counsel^{for the Petitioner:SRIKONDADIAJAY KUMAR} Counsel^{for Respondents:GP FORHOME}

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The^{Court made the following:ORDER}

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HON'BLE SRt JUSTICE C.V. BHASKAR REDDY wRTTPETITION No.777 of2024

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ORDER

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This writ petitic rn is filed to issue writ of mandamus declaring the action rf the respondents authorities in not releasing the petitioner,s vehicle i.e., Grand ItO Sportz Car bearing No.TS l6EH 325g, which was seized in Crime No.255 of 2023, dated 26. ll.2L23,as illegal and arbitrary artd for other reliefs.

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The petitioner claims to be the registered owner of Grand I10 Sportz Car bearing No.TS l6EH 3258. The said vehicle was seized in Crime No.255 of 2023 which was registered for an offence punishable under Section 34(a) of the Telangana Excise Act, 196g (for short _the Act,)

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The contention of the learned counsel for the petitioner is that Section 45 of the Act pro,rides that whenever an offence has been committed. which is punishable under ttre Act the things mentioned in Section 45 of the Act are liable for conhscation. Section 46 of the

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CVBR-^J !p 1't^|2024 2

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the^{authoriry competentto seize the items} Act^mandates Secdon^{45 of the Act to produce before the} mentionedⁱⁿ missioner^{of Prohibition and Excise' On} DePutY^Com of the^{seizedProperty' theDePutY} production required^{toconduct Proceedings for} Commissioner^is if he^{issatisfied that an offence rs} confiscation^and committed^{under the Act' he may order for confiscationof} the^{property seized'The Deputy Commissioner is also} authorised^{to conductpublic auction or dispose of the} property so^{confiscated'Against the order ofthe} confiscation,^{an appeal would lie und'er Section 46-C of the} Act- Learned^{counselfor the petitioner furthersubmitted} that this Court has^{passed severalorders directingthe} respondents to release the seized vehicles^{subjectto 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 thts Court, the petitioner is also entitled to relief of directing

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I' i I I I

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CVBR, J wp_77 I _2024_2024

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i I

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respondents to release his vehicle. wp_77 I 2024_2024 Accordingly, the wri t petition is disposed of, with the followi ng dirssdens.

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O pending fina orders to be passe< proceedings, .""oor' ,o sportz "* .":::1.^]^l**,i,^{;:;.,"""";:X;} g No'Ts t6EH 325s on pedtioner furnishing .0 o"r receipt as proof of opening fixed deposit account ,o. ,'o"tt m amount of Rs.l,O0,O00/_.

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(ii) The petidoner r further directed not to encash the fixed deposi," o. "... ":^{mortsase on} the rrxed deposits t,r the "","J:.:"-:.: rsron of confiscation proceedings.

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

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(iv) ?he petitioner shall furnish underraking that he will not transfer or alienate the vehicle to third party in any marner and will maintain the vehicle in the sarne good roadworthy condition without chalging its major parts and features.

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CVBR,^J wp^'7',7 |²⁰²⁴

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e petitioner^{shall furnishundertakingthat he} (v)^Th should produce^{the vehicleas and when directed by the} concerned^{Court or competentauthority '}

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There^{shall be no orderas to costs' As a sequel' the}

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

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'ITRUE^coPY"

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essrSrDli#ontDc'ffih I

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'ecrtou%rrrcen

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To,

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1 2 I[: 3Ei3l^{H3[:: 3fl,:3i, $,?illffil[?'1"1lil5li3]',n",'i'oi"t} 3 4. HiH:.,".21",:?#iAEI,Iffi^{Sn'Ji""i'fJBi"Y.?rreransanarourl} 5 Two CD^CoPies MBC LS

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HIGH COURT

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DATED: 1010112024

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1 E STA G
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ORDER

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WP.No.771 ot 2024

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DISPOSING OF THE WRIT PETITION

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\1'

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WTHOUT COSTS

Shireesha Mahankali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Shireesha Mahankali 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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