Edula Mallesh Vs The State of Telangana

Edula l,4allesh, S/o Edula Buchaiah, Aged about 38 Years, Occ- Business, R/o H no^'1-50, Kishtram Palli, Ekvaipally lVlandal, fVahabubnagar District, Telangana.

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...PETITIONER

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AND

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'l . The State of Telangana, Rep. by its Principal Secretary, Civil Supplies and Essential Commodities Department, Dr. B.R. Ambedkar Secretariat Buildings, Tank Bund, Hyderabad.

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The District Collector (CS), Nalgonda, District Nalgonda.

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The Tahasildar, Nampally I\4andal, District Nalgonda.

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The Station House officer, Nampally Police Station, District Nalgonda.

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...RESPONDENTS

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Petition under Article 226 of lte Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature Writ of Mandamus, declaring the action of the respondents in not releasing the petitioner's vehicle vide Registratlon No. TS 07 UK 7569 of Ashok Leyland Goods Carriage on the file of 4th respondent in connection with FIR No. 16812024 Daled 11.12.2024 is illegal, arbitrary and against the principles of natural Justice in violation of articles 14 and 300-4 of the Constitution of lndia.

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lA NO: 1 OF 2025

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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 respondents to forthwith release the^petitioner's vehicle vide Registration No. TS 07 UK 7569 of Ashok Leyland Goods Carriage on the file of 4th respondent in

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connection with FIR No. 168/2024 Dated^'1 1.12.2024 pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI PRAVEEN KUMAR VEERJALA Counsel for the Respondent Nos.1 & 2: GP FOR CIVIL SUPPLIES Counsel for the Respondent No.3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION No.2657 of 2025

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ORDER:

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This writ petition is filed to declare the seizure of the petitioner's vehicle^{i.e., Ashok LeylandGoods Carriage} bearing No.TS 07 UK 7569^{under thecover of} panchanama dated 1L12.2O24 in connection^{with Crilne} No.168 of 2024 of Nampaliy^{PoliceStation, Nalgonda} District, as illegal, arbitrary^{and unconstitutional.}

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2 Heard learned counsel for the petitioner^and learned Government Pleader^{for Civil Suppliesappearing} on behalf of respondents^No.1 to 3^{and learned} Government Pieader for^{Home appearing on behalf of} respondent No.4.

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The vehicle of the petitioner i.e., Ashok kyland Goods Carriage bearing No.TS^{O7 UK 7569 wasseized} under the cover of^{panchanama dated 1l-12.2024by} respondent No.4 in connection^{with Crime No.168 of 2024}

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wP 2657_202

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2

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of Nampally Police Station, Nalgonda District, under Section 318 (4) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS) and Section 7 of the Essential Commodities Act, 1955 (for short the E.C. Act').

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4 Learned Government Pleader for Civil Supplies submitted that proceedings under Section 6-,.4, of the E.C. Act, have been initiated against the petitioner and the same are pending. Learned Government Pleader further submitted that the subject vehicle is still in the custody of respondent No.4-Police Station.

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5 In view of the above facts and circumstances, taking into consideration the fact that the respondent authorities have initiated proceedings under Section 6- A of the E.C. Act and the sarne are .pending, this Court is inclined to grant relief to the petitioner.

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Accordingly, this Writ Petition is disposed of directing the respondent No.4 to release the vehicle i.e., Ashok Leyland Goods Carriage bearing No.TS 07 UK7569,

TMD,J wP 2557 2025

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under the cover of panchanama dated 11.12.2024 in connection with Crime No.i68 of 2024 of Nampally Police Station, Nalgonda District, in favour of the petitioner subject to condition of his furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) in favour of respondent No.2. Release of the vehicle shall be subject to outcome of the confiscation proceedings under Section 6-4. of the EC Act. Pending such proceedings, the petitioner is directed not to alienate or alter physical features of the subject vehicle, and is further directed to produce the vehicle as and when required by the authorities concerned. No order as to costs.

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Miscellaneous applications, if any, pending in this

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writ petition, shall stand closed.

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//TRUE COPY//

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SD/. P. PADMANABHA^RE DDY . ASSISTANT REGIST RAR// SE ON OFFICER

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To

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'1 . The Principal Secretary, Civil Supplies and Essential Commodities Department, Dr.B.R. Ahlbedkar^{SecretariatBuildings,Tank Bund' Hyderabad,} State of Telangana.

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The District Collector^(CS), Nalgonda,^{District Nalgonda.} J. The Tahasildar, Nampally Mandal,^{District Nalgonda.} 4. The Station House officei, Nampally^{Police Station, District Nalgonda.} A. One CC to SRI PRAVEEN KUMAR^{VEERJALA, Advocate} [OPUC] 6. Two CCs to GP FOR CIVIL SUPPLIES,^{High Court for the State of} Telangana, at Hyderabad. [OUT]

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