Registered owner sought release of his seized Honda Activa scooter held in an excise offence case. The court directed release pending confiscation proceedings subject to a fixed deposit of Rs.15,000/-, production of the R.C. Book, undertakings against alienation, maintenance in roadworthy condition, and producing the vehicle when directed.
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[3296 I
HIGH COURT FOR THE STATE OFTELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HON'BLE SRI JUSTICE C. V. BHASKAR REDDY
WRIT PETITION NO: 802 OF 2024
Between:
Bandaru Rajender, S/o. B.Venkataih, Aged about42 years, Occ.Business, R/o. H-No./-t15 bhippalapally village,-kandukurMahdal, RangaReddy District
..PETrrroNER
AND
...RE''.NDENTS
Petition under Article 226 of lhe Constitution oflndia prayingthat in the circumstances stated in the affidavit filed therewith, theHigh Courtmay be pleased to issue a Writ, Order or direction more particularly one in thenature of writ of Mandamus declaring the action of Respondentsin not releasingthe vehicle two wheel (Honda Activa Scooty) bearing No.TS-07-GL-2090,ChassisNo. No.ME4JF5OBFJT132632, Engine No.JF50ET8'132688,in connectionwith the FIR in Crime No.377 of 2023 lor the offences under section3a (A) of Telangana Excise Act,1968 registered at P.S. Maheshwaram,and may be pleasedto direct the respondent No.3 to forthwith release theVehicle two wheel (Honda Activa Scooty) bearing No. TS-07-GL-2090, Chassis No.No.ME4JF50BFJf132632' Engine No.JFSOET8132688, in connection withthe Crimein FIR No377 ol 2023 for offence under section 3a( A) of TelanganaExciseAct,1968 registeredat P.S. Maheshwarampending enquiry is illegal arbitraryand violative of Art 14 and21 of constitution of lndia
lA NO: 1 OF 2024
Petition under Section 151 CPCpraying thatin thecircumstances statedin the affidavit filed in support of thepetition,the High Court may be pleased to direct
the Respondent No 3 to release the vehicle two wheel (Honda Activa Scooty) bearing No. TS-07-GL-2090, Chassis No.. No.ME4JFSOBFJT132632, Engine No. JF50ET8132688, in connection with the Crime in FIR No.377 of 2023 for offence under sectiog 34 (A) of Telangana Excise Act,1968 registered at P.S. Maheshwaram
Counsel for the Petitioner: SRI MOHAMMAD NASEER PASHA
Counsel for Respondents: GP FOR PROHIBITION EXCISE
The Court made the following: ORDER
.t I lf
HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY
I,IT PETITION No.8O2 of 2o24
ORDER:
This writ petition is filed to issue r,rrit of mandamus declaring the action of respondent No.3 in not releasing the petitioner's vehicle i.e., Honda Activa Scooty bearing No.TS 07 GL 2090, which was seized in Crime No.377 of 2023, dated 13.11.2023, as illegal and arbitrary and for other reliefs
CVBR, J 2 wp-802_2024
Act mandates the authority competent to seize the items mentioned in Section 45 of the Act to produce before the Deputy Commissioner of Prohibition and Excise. On production of the seized property, the Deputy Commissioner is required to conduct proceedings for confiscation and if he is satisfied 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 a-lso furnishing a-n undertaking that pending confiscation proceedings, the vehicle shall not be alienated.
,,,r
CVBR, J wp 802 2024
3
il I
respondents to release his vehicle. Accordingly, the writ petition is disposed of, with the following directions:-
t
\
(i) Pending final orders to be passed in confiscation proceedings, respondents are directed to release the Honda Activa Scooty bearing No.TS 07 GL 2090 on petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs.15,000/-
(ii) The petitioner is further directed not to encash the fixed deposits or create Iien or mortgage on the fixed deposits tiII the conclusion of confiscationproceedings.
(iii) The petitioner sha1l produce original R.C. Book of the vehicle at the time of release of the vehicle.
(iv) The petitioner shall furnish undertaking that he will not transfer or a-lienate the vehicle to thtd partyin any manner ald will maintain the vehicle in the samegood roadworthy condition without changing its majorparts and features.
CVBR, J wp 802_2024
4
(v) The petitioner shall furnish undertaking that he
should produce the vehicle as and when directed by the
concerned Court or competent authority.
There shall be no order as to costs. As a sequel, the
miscellaneous petitions pending, if any, shall stand closed.
SD/- MOHD. ISMAIl . ASSISTANT REGISTRAd
//TRUE COPY//
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SECTION OFFICER
To,
Telangana. [OUT]
b. Two CD Copies MBC LS
HIGH COURT
DATED: 1010112024
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ORDER
WP.No.8O2 ot 2024
1
DISPOSING OF THE WRIT PETITION
WITHOUT COSTS
1 issue framed by the court
Whether the seized vehicle should be released to the registered owner pending confiscation proceedings under the Telangana Excise Act.
7 provisions across 3 enactments
Bandaru Rajender
The State of Telangana, Rep. by its Principal Secretary, Prohibition and Excise Department
The Deputy Commissioner of Prohibition and Excise, Ranga Reddy District
The Station House Officer, P.S. Maheshwaram, Rachakonda Commissionerate
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
