Disposed

Shaik Ali v. The State of Telangana

Telangana HC7 Jan 2026WP/352/2026

Case brief

AI extract

What is this about?

A vehicle owner sought release of his truck seized by police on suspicion of carrying PDS rice under Crime No.239 of 2025. Noting pending confiscation proceedings under Section 6-A of the Essential Commodities Act, the High Court directed release subject to a Rs.25,000 fixed-deposit bank guarantee and non-alienation.

What did the court decide?

Vehicle TS-16-UC-6920 ordered released to petitioner upon furnishing Rs.25,000/- fixed deposit bank guarantee in favour of respondent No.2, subject to Section 6-A EC Act proceedings; no alienation or

Shaik Ali Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2026)

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Ieooz 1

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IN THE HIGH COURT FOR THE STATE OF TELANGAI{A AT (Special Original Jurisdiction)

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WEDNESDAY, THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SR! JUSTICE K.'SARATH

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Betf,reen:

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Sfrglk {ti, S/o. Shaik Jabbar, aged 33 years, Occ- Business, Ft/o. H.No. 9-201028, Shanthi Nagar, Nizamabad District. Pincod+ 503001.

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1 . The State of Telangana, Rep. by its Principat Secretary (Civil Supplies) Department, Secretariat, Hyderabad.

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The District Collector (Civil Supplies), Nizamabad District. pincode- 503001 .

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The District Civil Supply Officer, Nizamabad District. pincode- 5O3OO1.

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The Deputy Tahsildar (Civil Suppties), Makloor, Nizamabad District. pincode503213.

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The Station House Officer, Makloor, Nizamabad District.^pincode- 503213.

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,RESPONOENTS

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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 a writ order, or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents in seizing the vehicle of the petitioner VE Commercial, bearing Registration No. TS16UC692O, on the ground of carrying PDS rice by the Accused in Cr.No. 23912025 as highly illegal, arbitrary and violation of principles of natural justice and consequenfly direct the respondent sth to release the seized vehicle of the petitioner.

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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 Sth to release the seized vehicle of the petitioner VE Commercial, bearing Registration No. TS16UC6g20, pending disposat of the writ petition.

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Counsel for the Petitioner: SRI GA.rE RAGHU

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counset for the Respondent Nos.l to 4: Gp FoR clvlL suppltEs

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Counsel lbr the Respondent No.5: Gp FOR HOME

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The Courttmade the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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THE HON'BLE SRI JUSTICE K.SARATH

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WRIT PETITION No.352 of 2O26

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THE OTTH DAY OF JAIIUARY 2026

Between:

Shaik Ali.

...Petitioner

AND

The State of Telanga.na, Rep. by its Principal Secretar5l, Civil Supplies Department, Secretariat, Hyderabad and (4) others.

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...Respondents

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ORDER,:

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This Writ Petition is filed to declare the action of the respondents in seizing the petitioner's vehicle bearing Registration No.TS- 16-UC-6920 in connection with Crime No.239 of 2025 dated 17.10.2025 on the lile of the Makloor Police Station, Nizamabad District, on the ground of carrying PDS, without conducting any enquiry, as illegal, arbitrary and unconstitutional.

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Heard sri Gaje Raghu, Iearned counsel for the petitioner, learned Government Pleader for Civil Supplies appearing for the respondent Nos. I to 4 and learned Government pleader for Home appearing for the respondent No.5. Perused the material available on record.

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Tht: vehicle of the petitioner bearing^{RegistrationNo.TS-16-} UC-692O was seized. on^{16.10.2025 by the respondents uid.e Crime} No.239 of 2025 dated^{17.1O.2O25on the file of the MakloorPolice} station, .\izamabad District,^{under Sections 318(4) and 111 of} the Bharatiya Nyaya Sanhita,^{2023 (for short, "BNS"), Section 7 of} the Esserrtial Commodities^{Act, 1955 (for short, "the B.C.Act")and} Clause 1?'(e) of the Telangana^{Public Distribution System(Control)} Order, 2016^(for short,^{"TSPDS(C)Order, 2016"l.}

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Learned Government Pleader^{for Civil Supplies submitted} that the proceedings under^{Section 6-A of the E.C. Act, have been} initiated against the^{petitioner and the salne are pending.} Learned Ciovernment^{Pleaderfurthersubmitted that the subject} vehicle is still in the custody of^{the respondentNo.S-Police} Station.

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[n view of the above facts and^{circutnstances,taking into} consideration the^{fact that the respondentauthoritieshave} initiated^{p:roceed.ingsunder Section 6-A of the E.C' Act and the} same are^{pend.ing,this Court is inclined to grant relief to the} petitioner.

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Accordingly, this^{Writ Petition is disposedof directing the} respondent No.S to release^{the vehicle bearing Registration}

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No.TS- |6-UC-692O in connection with Crime No.239 of 2025 dated 17.10.2025 on the file of the Makloor Police Station, Nizamabad District, in favour of the petitioner, subject to condition of furnishing bank guarantee by way of Fixed Deposit for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each in favour of the respondent No.2. The release of the vehicle shall be subject to the outcome of the confiscation proceedings under Section 6-A of the E.C.Act. Pending such proceeditrgs, the petitioner is directed not to alienate or alter the physical features of the subject vehicle and are further directed to produce the vehicle as and when required by the authorities concerned.

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Miscellaneous Applications, if any, pending in this Writ

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Petition, shall stand closed. There shall be no order as to costs.

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Sd/.P.PONNA KRISHNA ASSISTAI.IT

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary (Civil Supplies) Department, Secretariat, Hyderabad. 2. The District Collector (Civil Supplies), Nizamabad District. Pincode- 503001.

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The District Civil Supply Officer, Nizamabad District. Pincode- 503001

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The Deputy Tahsildar (Civil Supplies), Makloor, Nizamabad District. Pincode503213.

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The Station House Officer, Makloor, Nizamabad District. Pincode- 503213.

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One CC to SRI GAJE RAGHU, Advocate [OPUC]

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Two CCs to GP FOR CIVIL SUPPLIES, High Court for the State of Telangana at Hyderabad . [OUT]

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Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad.IOUTI

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l.o W^.,?' PMK^{Two CD CoPies} PMK

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l-'-'--'-*--

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r:., iFrr+e-Fra-,!"2ffik'.F

HIGH COURT

DATE:D i0710112026

ORDER

WP.No.352 of 2026

i
1 HE S
(
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(J 1 i Hi\q 7t1'.) (^,t
* *

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DISPOSING OF THE WRIT PETITION

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WITHOILTT COSTS

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1)'-
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Shaik Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Shaik Ali v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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