Angoth Kumar Vs the State of Telangana

Angoth Kumar, Slo. Gasiram, Aged 22 years, Occ.Business. R/o.H.No.4-87, Kondamallepally, Amgoth Thanda, chennaram, Nalgonda District, Telangana508248.

¶10

...PETITIONER

¶11

AND

¶12

THE STATE OF TELANGANA, Represented by its Principal Secretary, Revenue (Excise) Department, Secretariat, Hyderabad.

¶13

THE DEPUTY COMMISSIONER OF PROH. AND EXCISE, Nalgonda Division, Nalgonda District.

¶14

THE STATION HOUSE OFFICER, Devarakonda Proh. And Excise Station, Nalgonda District

¶15

RESPONDENTS

¶16

Petition under Article 226 of the Constitution of lndi{praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to ISSUE Order or direction more particularly a Writ of Mandamus, to declare the action of 2nd Respondent in not issuing Orders directing the 3rd Respondent for Release of Vehicle i.e., Bajaj Pulsar.NS 160 Bike (2022 Model) bearing Reg.No.TS-05-FM-0g27 and Oppo Reno 11 (sdt mobile^phone(lMEl1 No.860388066233519) seized in C.O.R.No.308 of 2025 inspite of his readiness to furnish third party surety, as being illegal and arbitrary and consequently direct the Respondents to release the above said vehicle by accepting the third^party surety.

¶17

lA NO: 1 OF 2025

¶18

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 2nd Respondent herein to issue Orders directing the 3rd Respondent to Release the Petitioner's Bajaj Pulsar NS 160 Bike (2022 Model) bearing Reg.No.TS-05-FM-0927 and oppo Reno 11 (5G) mobile phone(tMEtl No.860388066233519) seized in C.O.R.No.308 of 202, pending disposal of the Writ Petition.

¶19

counsel for the Petitioner : sRl ARVAPALLI sHrvA sAl NATH

¶20

counsel for the Respondents: ASST. Gp FoR pRoHlBliloN ExclsE The Court made the following: ORDER

¶21

I'

¶22

.,d,

¶23

THE HON'BLE SRJ JUSTICE K.LAKSHMAN

¶24

WRIT PETITION No.282O4 OF 2025

¶25

ORDER:

¶26

Heard Sri Shiva Sainath, learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise.

¶27

Petitioner herein is the absolute owner and possessor of B4jaj pulsar bearing registration No.TS-05-FM-0927 (subject vehicle). In proof of the same, he has filed copy of Registration Certificate (RC). The said vehicle was se2ed on 11.08.2025 in COR No.3O8 of 2025 by Respondent No.3. The said crime was registered for the offence punishable under Section 7(A) r/w.8(e) of the Telangana State Prohibition Act, 1995. Accused a is friend of the petitioner. The allegation leveleh against the accused is that he was transporting 15 litres of ID liquor in 30 plastic sachets, Bajaj Pulsar bike (subject vehicle) and two mobile phones. .i/

¶28

It is the specific contention of the petitioner herein that 3'd respondent violated the procedure prescribed under the Act in seizing the subject vehicle. The vehicle is very essential for making his livelihood. The vehicle is now in the custody of f,'d

¶29

_,,

¶30

respondent. He has no^{knowledge of the illegal transportation of} contraband in his vehicle.^{If the said vehicle is exposedto Sun,} rain and dust, it will^get spoiled.^{If the vehicleis not returned to} him, he cannot make^{his livelihood.}

¶31

In the light of the aforesaid^{submissions,it is relevant to} note that in Sunderbhai^{Ambalal Desai vs. State of Gujaratr,} the Apex Court held^{that whateverbe the situation, it is of no} use to keep such-seized^{vehiclesat the policestationsfor a long} period. It is for the Magistrate^{to pass appropriate orders} immediately b5r taking appropriate^{bond and guarantee as well} as security for return of the^{said vehicles, if required at any} point of time. This can be done^{pending hearing of applications} for return of such vehicles.^{VariousHigh Courts inthe} judgments stated above, after referring to variouf^{provisions of} the Act, including Sections^{-52-A, 60 and 63 and various} provisions of Cr.P.C., and also the^{principlelaid down in} Sunderbhai Ambalal Desai^{(supra) orderedto be releasedthe} .ir

¶32

vehicles seized in the crimes^{for the offencesunder the Act.}

¶33

In view of the principle laid^{down by the Apex court and} the respective High Courts in^{the judgments referred to above,}

' 1zooz1^{ro scc283}

3

\

\ \

coming to the case on hand, it is not in dispute that the petitioner is owner of the above crime vehicle and the sarne was seized in the above crime. The subject vehicle is 2O22 make. In proof of the sarne, he has also filed copy of Certificate of Registration.

¶39

Considering the fact that the petitioner is using the subject vehicle for his livelihood. The subject vehicle can be released subject to further proceedings under the Prohibition Act, on certain terms.

¶40

In the light of the aforesaid discussion, this writ petition is disposed of with the following directions:-

¶41

i. 2'd respondent-Deputy Commissioner of Prohibition &

¶42

Excise, Nalgonda Division, is directed to pass appropriate orders for release of the p"tifiorrer's Bajaj Pulsar .bearing Reg.No.TS-O5-FM-O927 and the two mobile phones subject to condition of the petitioner executing a self-bond for Rs.SO,OOOtl'(Rupees Fifty Thousand onlyf with one surety for likesum each. ii. The petitioner shall also furnish an undertaking that

¶43

he will not alienate or change the physical features of the vehicle.

¶44

4

¶45

iii. 2oa respondent shall writ to the RTA Authority not to traasfer the vehicle in favour of any third party

¶46

without clearance from the Excise Department.

¶47

iv. Needless to say, release ofthe vehicle is subject to the orders that shall be passed by 2nd respondent authorlty pursuant to the enquiry to be conducted under the provisions of the Drcise Act.

¶48

Consequently, miscellaneous petitions, if any, pending in

¶49

this writ petition, shall stand closed.

¶50

Note :

¶51

SDLA. SRINTVASA REDDY ASSISTANT REGISTRAR

¶52

That the lnterlocutory application filed seeking replacement of the operative portion of the order, dated 1A-O}-ZOiS in W.P.No.28204 of 2025 as extracted in the order. The same is substituted and amended as per the Order, dated 14-11_2025 in l.A.No.2 ot 2025.

¶53

This Amended order shall substitute the earlier order which has already been dispatched on 03-'1 0-202S.

¶54

0

¶55

D/.A.SRINIVAS REDDY SISTANT REGISTRAR

¶56

//TRUE COPY//

¶57

To,

¶58

SECT]ON OFFICER