Ramilla Visal alias Ramila Vishal Vs The State of Telangana

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY, THE FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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CRIMINAL PETITION NO: 1280 OF 2026

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BETWEEN:

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Ramilla Visal @ Ramila Vishal S/o Ramila Swamy Das, Aged about 25 Years, Occ: Coolie, Rl/o H.No.3-27, Bheem Nagar, lndervelly Mandal, Adilabad District.

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... Petitioner/Owner of the Vehicle

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AND

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The State of Telangana, Represented by its Public Prosecutor, High Court for State of Telangana at Hyderabad.

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The Deputy Commissioner of Prohibition & Excise, Adilabad Division, at Adilabad District

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The Station House Officer, lndervelly Police Station, Adilabad District.

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...Respondents/Respondents.

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Petition under Section 528 of the BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to directing the 2nd Respondent forth with to release the petitioner vehicle Bike bearing No TS-01-ER-2491, Seized in FlR.No. 227 of 2025, dated 10.12.2025, of lndravelly Police Station, Adilabad District in spite of readiness to furnish the third party surety value of Rs 10,0001 before the 2nd Respondent.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gajanand Chakravarthi, Advocate for the Petitioner and Sri M Ramachandra Reddy, learned Additional Public Prosecutor on behalf of the Respondents.

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The Court made the following: ORDER

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IN THE HIGH COURT FORTHE STATE OF't ]LANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J.SREEN VAS RAO

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CRIMINAL PETITION No.l280 of 2r )|('

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Date:04.02.2026

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Between:

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Ramilla Visal @ Ramila Vishal

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.. [)etitioner

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AND

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The State of Telangana,

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Represented by its Public Prosecutor,

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High Court for the State of Telangana at Hyderabarl I rd another

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I{espondents

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ORDER

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This Criminal Petition has been filed seeking r direction to the Deputy Commissioner of Prohibition and llx; se, Aclitabad Division, at Adilabad District, to release the petiti,r rer,s vehicle, namely, Activa DLX BSVI, bearing re qlstratron No. TS-01-ER-249 l, which was seized in FIR No t27 of 2{t25, dated 10.12.2025, of Indravelly police Station, Adilatr Ld District. 2. Heard Mr. Gajanand Chakravarthi, leamed c I rnsel for the petitioner and Mr.M.Ramachandra Reddy, leanru Additional Public Prosecutor for the respondents. \

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2

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Learned counsel for the petitioners submitted that the petitioner is the owner of the vehicle, namely, Activa DLX BSVI, bearing registration No. TS-01-ER-2491. The petitioner was made as an accused in FIR No.227 of 2025 on the hle of Indravelly Police Station, Adilabad District, for the ofl'ences punishable under Section 34(a) of the Telangana State Excise Act (fbr short^'TSEA Act'). The petitioner's vehicle was taken into custody by respondent No.3, on the alleged ground that the crime vehicle was transporting I ) Royal Stag I 80 ML- 10 botttes 2) Breezer 27 5 ML4 bottles and 3) Budweiser 500 ML-8 bottles.

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Learned counsel further submitted that the said vehicle is presently in the custody of respondent No. 2. Unless the subject vehicle is released, the petitioner will be put to great hardship and the said vehicle is not involved in any other similar offence. He fuilher submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, theretbre, requested this Court to release the said vehicle.

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Per contra, ieamed Additional Public Prosecutor submitted

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that the^petitioner, without approaching respondent No.2, by submitting an appropriate appiication for release of the vehicle, has

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a

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straightaway approached this Court and^filed the^{rresent Criminal} Petition

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By way of rep1y, learned counsel for the pe t tioner subrnitted that, in similar circumstances, this Cour disposed of Crl.P. No. 8425 of 2024, and the petitioner is a r r entitled to the same relief.

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7 . Having considered the rival submissiorrr made by the respective parties and upon perusal of the record, i reveals that the petitioner is an accused in FIR No.277 of 2025 c n the file of the Indravelly Police Station, Adilabad District fi r the offences punishable under Section 34(a) of the TSEA Act. He is the owner of the subject vehicle and the same was seized :r FIR No.277 of 2025. It is not in dispute that the vehicle is it the custody of respondent No.2.

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Taking into consideration the pecul ar facts and circumstances of the case, this Court is inclined .o grant intcrim custody of the vehicle, namely, Activa DLX BSVI, bearing registration No. TS-0i-ER-2491, on the con lition that the petitioner executes a personal bond for a sunr of Rs.15,000/(Rupees Fifteen Thousand only) with two ureties to the satisfaction of respondent No.2. The petitioner shiil also fumish an

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-

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4

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undertaking that he shall not alienate the vehicle or change its physical features. Respondent No.2 shall write to the RTA Authority not to transler the vehicle in lavour of any third party without clearance from the Excise Department. Needless to state, thc release of the vehicle is subject to the orders that may be passed by respondent No.2 pursuant to the enquiry to be conducted under

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the provisions of the Prohibition Act

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