Sri Sabavath Vinod Kumar Vs The State of Telangana

Petition under Article 226 of the Constitution^{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 onein} the nature of Writ of Mandamus declaring^{the action of the Respondentsmore} particularly Respondent No.3 in seizing the Petitioner^{Vehicle i.e., Maruthi Swift} ' Dzire car bearing No. TS 07 UK^{9934 with theChassisNo.} MBHCZFB3SPB399496, seized in FIR^{No. 300 of 2025dated11-12-2025, as} illegal, arbitrary and against the^{principlesof naturaljustice and violative of} Articles 14, 21 and 300-4 of Constitution^{of lndia and consequently direct the} Respondent No.2 to direct the^{Respondent No.3 to relebse the Petitioner Vehicle} i.e., Maruthi Swift Dzire car^{bearing No. TS 07 UK 9934 with the ChassisNo.} MBHCZFB3SPB399496, seized^{in FIR No.300 of 2025 dated 11-12-2025'}

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lA NO: 1 OF 2026

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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 Respondent No.2 to direct the Respondent No.3 to release the Petitioner Vehicle i.e., Maruthi Swift Dzire car bearing No. TS 07 UK 9934 with the Chassis No. MBHCZFB3SPB399496, seized in FIR No. 300 of 2025 dated 11-12-2025 pending the disposal of the above Writ petition.

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Counsel for the Petitioner:SRt THAKUR RISHAB DEV SINGH

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Counsel for the Respondents: GP FOR HOME

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The Court made the following: ORDER

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IN THE IIIGH COURT FOR THE STATE OF TELAI{GAI{A AT ITYDERABAI)

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THE HONOIIRABLE SRI JUSTICE N.V.SHRAVAN KI'MAR

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WRIT PEIITION No.248 of 2026 DATE OF ORDER: 07.01.2o126

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Between:

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Srl Sabavath Viaod Kumar, S/o.Laxman

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...Petitioner

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AND

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The State ofTelangana, Rep. by its Principal Secretary, Encise Department, Secretarlat, Hyderabad ar.d 2 others

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...Respondeuts

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ORDER:

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This wtit petition is filed questioning the action of respondent No.3 in seizing the vehicle of the petitioner i.e. Maruthi Swift Dzire Car bearing No.TS O7 UK9934 with Chassis No.MBHCZFB3SPB399496, under F.I.R.No.3OO of 2025, dated 11.12.2025. A consequential prayer is sought to direct respondent No.2 to direct respondent No.3 to^release the^subject vehicle.

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Learned Assistant Government Pleader for Home^on instructions of Sub-Inspector of Police, Kandukur^{Police Station,} Future City Commissionerate^{(previouslyRachakonda} Commissionerate) would submit that on 11.12.2025,^{the Sub-} Inspector of Police, Kandukur Police Station^{along with his stalf} was conducting vehicle checking near Kandukur X Road. At about 14:30 hours, the^petitioner was found coming from^the Kandukur Village side on the subject vehicle. They stopped^the vehicle and conducted a check. On checking, it^was found^that the petitioner was illegally transporting liquor bottles in^the subject vehicle. Upon enquiry, the petitioner failed to^produce any permission and voluntarily confessed that the^petitioner would liquor from wine shops, stores it at his shop and^would sell it at higher prices to the villagers. Thereafter, in^the presence of two mediators, the petitioner's confession was recorded and a mediator's panchanama was conducted. During the panchanama, the liquor bottles being transported by the petitioner viz., l. Kingfisher Beers 65O rnl - 78 bottles, 2. Budweiser Beers 650 mI - 06 bottles, 3. Imperial Blue Vishkey 180 ml - 222 bottde* 4. Signature Whiskey 375 ml - 04 bottles, 5. 100 Pipers Whiskey 375 ml - 03 bottles, 6. 100 Pipers Whiskey 18O ml - 04 bottles, T. Breezers 275 ml - 22 bottles,

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were seized along with^{the subject vehicle.Subsequently, the} seized liquor, the^{accused and the subject vehicle werebrought} to the Police Station.^{Basedon the complaint and confession} - cum - seizure report,^{the respondent No.3} -^{S'H'O'' Kandukur} Police Station registered^{a case underSection 34(a) of Telangana} State Excise Act,^{1968 (for short "the TSEA, 1968") on} 11.12.2025 against the^{petitioner and on the same day, notice} under Section 35(3)^{of BNSS was servedon the petitioner/} accused. It is further^{submitted that on 26.12.2025,the} material objects were^{sent to Chemical Examiner,Regional} Prohibition & Excise Laboratory,^{Narayanaguda, Hyderabad for} chemical analysis and^{for furnishing the report. It is further} submitted that the^{case propertyincludingthe subject vehicle} were deposited before^{the learned Junior Civil Judge} -^cum - XVII Additional Judicial^{First Class Magrstrate, Maheshwaram'} Rangareddy District^{(herein after referred as utrial court"l uide} Inward No.27 12026,^{dated O6-OL.2O26- It is further submitted} that the respondent No.3^{would release and handoverthe} subject vehicle to the^{petitioner as and when the petitioner} produces the Court Order.

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A copy of Form 60^{is enclosedwith the copy of instructions} issued by Sub-lnspector of^{Police, Kandukur P.S., Rachakonda}

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Commissionerate, which would disclose the^{propert5r,sent} to^the Magistrate on L1.12.2O25 in Crime No.300/2025 registered for the offe4ge under Section 3a(a) of the TSEA, 1968 on the file of . x/ PS Kandukur, Ra'dhakonda Commissionerate.

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Learned counsel for the petitioner would submit that the petitioner would pursue the remedy as available under law before the trial court and prays to pass appropriate orders.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home appearing for respondent Nos.l to 3.

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Recording the submissions of learned counsel for the petitioner and learned Assistant Government Pleader for Home, this Court deems it appropriate to grant liberty to the petitioner to pursue his remedies as available under law before the trial court.

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