Disposed¶37

Bhukya Harju v. The State of Telangana

Telangana HC5 Feb 2026CRLP/1397/2026

Case brief

AI extract

What is this about?

Interim custody of seized vehicle; Section 528 BNSS 2023; Section 34(E) Telangana Excise Act; black jaggery transport; Tata Etios car TS-29-P-5642; Crime/FIR No.149 of 2025 Palakeedu Police Station Suryapet; C.C.No.75 of 2026 Judicial First Class Magistrate Huzurnagar; Deputy Commissioner Prohibition and Excise Nalgonda; personal bond Rs.25,000 with two sureties; undertaking not to alienate or alter vehicle; reliance on Crl.P.No.16438 of 2025 (orders dated 10.12.2025); petition disposed.

What did the court decide?

Interim custody/release of Tata Etios car bearing No. TS-29-P-5642 to the petitioner, subject to personal bond of Rs.25,000 with two like sureties and an undertaking not to alienate the vehicle or change its physical features. ¶37

Bhukya Harju Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THURSDAY,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRIJUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 1397 OF 2026

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Between:

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Bhukya Harju, S/o. Goriya, Aged 30 yrs., Occu Agriculture coolie cum driver, R/o. H.No. 3-78, Bheemlathanda Village, Mattampalle Mandal, Suryapet District 508204.

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...PETITIONER/Owner of Vehicle No. TS29P5642

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AND

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The State of Telangana, Through SHO, Palakeedu Ploce Station, Suryapet District. Rep. by its Public Prosecutor, High Court at Hyderabad.

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Sri Kotesh Ruvva, S/o. Not Known, Aged Major, Occu Police Officer, Palakeedu Ploce Station, Suryapet District

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The Deputy Commissioner of Prohibition and Excise, Nalgonda Division, Nalgodna.

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... RESPON DENT/COMPLAINANTS

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Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents or any other competent authority having custody of the vehicle bearing No. TS29P 5642, to release the petitioner vehicle bearing No. TS29P 5642 forthwith seized in FIR No. 149 of 2025 dated 12-11-2025 offence U/s. 3a(E) of Telangana Excise Act;

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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 VENKAT REDDY KODUIVIURY, Advocate for the Petitioner and Sri M.Ramachandra Reddy, Addl. Public Prosecutor on behalf of the Respondent Nos. 1 & 3 and none appear for the Respondent Nos.2, The Court made the following: ORDER

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ii :i

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

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PETITI ON No. L397 of 2o.26

Date: O5.O2.2026

Between

Bhulrya Harju

...Petitioner/Owner of vehicle No.TS29p 5642

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AND

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The State of Telangana, through S.H.O., Palakeedu Police Station, Suryapet District, rep. by its Fublic Prosecutor, High Court at Hyderabad and two others.

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Respondents

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Order

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This criminal Petition has been filed by the petitioner seeking a direction to the Deputy Commissioner of prohibition and Excise, Nalgonda, to release the petitioner's vehicle namely Tata Etios car bearing No.TS-2g-p-s642, which was seized in c.c.No.75 of 2026, on the lite of the Judicial First class Magistrate at Huzurnagar (crime No.149 of 2o2s of palakeedu police Station, Suryapet District).

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Heard Mr. Kodumury venkat Reddy, learned counsel for the petitioneS and Mr.M.Vivekananda Reddy, learned Assistant public Prosecutor for respondent Nos.1 to 3.

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Learned counsel for the petitioner submitted that the petitioner is registered owner of Tata Etios car bearing No.TS_29_p_ 5642, which was involved in crime No. r49 of 2o2s of palakeedu police Station, suryapet District, and the same was seized by respondent No.2 on the ground that the said vehicle is transporting black jaggery, though the black jaggery is not an offence under the provisions of section 34(E) of the Telangana Excise Act, 196g. The said vehicle was deposited before the Deputy commissioner of Prohibition and Excise, Nalgonda Division, and the petitioner had approached respondent No.3 and submitted an application on 19.o1.2026 to release the said vehicle for his interim custody. In spite of the same, respondent No.3 has not taken any steps. Petitioner is using the said vehicle for his personal use and also for the use of his family members. If the said vehicle is not released, it will be damaged and the petitioner will be put to great hardship.

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Per contra, learned Assistant public prosecutor submitted that the vehicle was invorved in the offence punishable under the provisions of the Telangana Excise Act, i96g. Hence, the petitioner is not entitled for interim custody of the vehicle till the disposal of the proceedings before the trial court in c.c.No .25 of 2026.

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3::

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Having considered the rival submissions made by^the respective parties and after^perusal of the^{record, it reveals that it} is not in dispute that the^{petitioner's vehicle i.e. Tata Etios car} bearing No.TS-29-P-5642^{was seizedby respondent No.2 in Crime} No.149 of 2025 of Palakeedu Police Station. Even^{according to the} Iearned Assistant Public Prosecutor, the Investigating Officer after conducting investigation filed a final report before the Judicial^First Class Magistrate, Huzurnagar and the same was numbered^as C.C.No.7S of 2026 and the vehicle was in the custody^of respondent No.3.

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Taking into consideration the peculiar facts and circumstances of the case and in view of the orders^{passed by this} Court dated 10.12.2025 in Crl.P.No.16438 of 2025, this Court^is inclined to grant interim custody of the vehicle, namely, Tata Etios car bearing No.TS-29-P-5642, subject to the condition that the petitioner shall execute a personal bond for a sum of Rs.25,000/(Rupees^'lwenty-Five Thousand only) with two sureties for a like sum each to the satisfaction of respondent^{No.3. The petitioner} shall also furnish an undertaking that he^{shall not alienate the} vehicle or change its physical features.

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Accordingly, the criminal^petition is disposed^of.

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\ ''-!'l

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As a sequel, miscellaneous petitions, pending if any, stand

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closed

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//TRUE COPYII

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SD/- K. MADHAVI ASSISTANT REGISTRAR 6

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SECTION OFFICER

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To,

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The Addl- Judiciar First crass Magistrate, Huzurnagar 2. The Station House Officer, palakledu p S , Suryapet 3. one cc to SRr. VENKAT REDDY KoDur\riJni-noro.ate [opUC] 4. Two ccs to pUBLrc pRosEcuronlH,gri ct,i.r at Hyderabad (oUT) 5. Two CD CopiesTwo CD CopiesCopies

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