Sri Giri Yallaiah Vs The State of Telangana

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 40117 OF 2025

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Between:

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Sri Giri Yallaiah, S/o. Giri Ramulu, Aged about 50 years, Occ- Business, Rl/o. 1-11411, Mandalam [\rlarriguda, Venkepalle, Kudabakashpally, Marriguda, Nalgonda District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by Principal Secretary, Excise Department, Secretariat Buildings, Hyderabad, T.S.

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The Deputy commissioner of Prohibition and Excise, Rachakonda District, State of Telangana

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The Station House Officer, PS, Yacharam, Rachakonda

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ of Mandamus or any other appropriate wnt, order or direction, declarinE the action of the respondents 1 to 3 in seizing the vehicle bearing No TS07 KF 0974 il/aruti Swift VDI BSIV as illegal, arbitrary and against the law under the Excise Act also in violation of princlpal natural^justice and consequently direct the respondents No.2 and 3 to release the above vehicle bearing No.TS07 KF 0974 and take approprrate action.

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lA NO: 1 OF 2025

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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 respondents 2 and 3 to release the above said seized vehicle bearing

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no. TS07 KF 0974 in the interest of^justice, pending disposal of the main writ petition.

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Counsel for the Petitioner: SRI JANARDHAN GOUD SUNKARI

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Counsel for the Respondent No.1 & 2: AGP FOR PROHIBITION & EXCISE

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Counsel for the Respondent No.3: AGP FOR HOME

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The Court made the following: ORDER

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT

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TIYDERABAD

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.4O1L7 of 2O25

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DATE OF ORDER:O6.O 1.2026

Between:

Giri Yellaiah

..,Petitioner

AND

The State of Telangana,

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Represented by its Principal Secretary, Excise Department,

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Secretariat Buildings,

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H.yderabad and 2 others.

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.. . Respondents

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ORDER:

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Heard iearned counsel for the petitioner, learned Assistant Government Pleader for Prohibition and Excise appearing for respondent Nos. 1 and 2 and learned Assistant Government Pleader for Home appearing for respondent No.3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

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This writ petition is filed seeking foltowing prayer:-

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"to declare the action of the respondent Nos.l to 3 in seizing the uehicle beaing No.TS-O7-KF-0974 Maruti Sutift VDI BSIV as illegal, arbttrary and against the Iana under the Excise Act also in uiolation of pinctpal natural justice and consequently direct the respondents Nos.2 and 3 to release the aboue uehicle beaing No.TS-07-KF-0974 and take appropiate action and to pass."

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2

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1. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that in similar circumstance this Court in W.P.No.26992 of 2025 dated 09.09.2025, passed the following order: -

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"6. In light of the aboue drbcussion, the wit petition is allowed, directing respondent No.3 to release the subject uehicle, i.e., Ashok Legland Van beaing registration iVo. IS 3 I T-59 I 2, to the petitioner upon proper ueification of ounership and upon the petitioner furnishing a personal bond for Rs.2,00,000/ - (Rupees Tu.to Lakhs only) utith one surety for a like sum, to the satisfaction of respondent No.3. The petitioner shall deposit the oiginal registration certificate of the subject uehicle uith respondent No.3. The petitioner sholl not olienate or change tLe colour or nature of the uehicle duing the pendencg of tLLe inuestigation and confiscation proceedings. He shall submit an undertoking to respondent No.3 stating that he uill produce the uehicle wheneuer required, eitLrcr before the Inuestigating Officer or before the Court. Liberty is granted to the petitioner to submit his explanation to the shou couse notice dated 22.O8.2O25, if not alreadg submitted, uithin ten dags from the date of receipt of copy of this order."

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Learned Assistant Government Pieader Prohibition and Excise placed on record the written instructions issued by Deputy Commissioner of Prohibition and Excise, wherein it is stated that on 4th day of December at about 05:00 hours, the Sub-lnspector of Police, Yacharam Police Station, Yacharam Mandal, Ranga Reddy District and seized the following vehicle and contraband:-

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i. Vehicle Maruti Swift VDI BSIV bearing No.Ts-07-KF-0974.

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384 bottles of Royal Stag Whisky of (180 ml).

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10 bottles of 8 P.M. premium Whisky of (750 ml).

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The Station House Oflicer, Yacharam Police Station has registered a caseruide FIR No.346 of 2025 dated 04.12.2025 under /

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Sections 3a(a), 36(lxb) of TS Excise Act, 1968 for illegal Transportation of IML and the accused persons were arrested and samples were sent for Chemical Analysis. It is further stated that Cr. No.346/OW/YCRM/RCK/2025 dated 1O.12.2025 of SHO, Yacharam Police Station, the case property has been deposited in this office for conliscation process under Section 46 of TG Excise Act, 1968. It is further stated that Cr. No.A3/355|2O25|DCRR dated 22.12.2025 directed the SHO, Yacharam Police Station to submit FSL/Chemical Examiner report, Onwership particulars and valuation of the vehicle for taking further necessary action: It is further stated that Cr. No.A3laOOl2025lDCRR dated 05.01.2026 issued Show Cause Notice for confiscation of the seized vehicle and contraband in FIR No.346 /2025 dated 04.12.2025 of SHO, Yacharam Police Station issued in favour of the owner of the vehicle and accused under Section 46(2) of Telangana Excise Act, 1968.

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Per contra, learned counsel for the.petitioner further pray this Court to pass similar orders as passed in W.p.wo.26992 of 2025 dated 09.o9.2025.

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Recording the submissions made by the learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.26992 of 2025 dated 09.09.2025, this writ petition is disposed of directing the respondents to release the vehicle i.e., Ashok Leyland Van bearing registration No.TS-O7-KF-O974, to the petitioner upon proper verification of ownership and upon the petitioner furnishing a

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personal bond for Rs.2,00,000/- with one suret5r for a like sum. The petitioner shall deposit the original registration certificate of the subject vehicle with respondent No.3. The petitioner shali not alienate or change the colour or nature of the vehicle during the pendency of the investigation and confiscation proceedings. He shall submit an undertaking to respondent No.3 stating that he will produce the vehicle whenever required, either before the Investigating Oflicer or before the Court. Liberty is granted to the petitioner to submit his explanation to the show cause notice dated 05.01.2026, if not already submitted, within ten days from the date of receipt of copy of this Order.

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