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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
T.VINOD KUMAR
Srinivas Chakali – Appellant
Versus
State of Telangana – Respondent
ORDER :
(T. VINOD KUMAR, J.)
This Writ Petition is filed to declare the action of the 2nd respondent in passing order, vide proceedings No.4539/2016/CPE/TS/D1 dt.11.08.2016, confirming the order passed by the 3rd respondent in Cr.No.C/72/2016/DCM dt.04.07.2016, as illegal, arbitrary and against the principles of natural justice, and with a consequential direction to the respondents to release the petitioner’s vehicle i.e. Auto Rickshaw bearing registration No.AP 23 W 7545.
2. Heard learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 to 3 and learned Government Pleader for Home appearing for respondent No.4 and perused the record.
3. Briefly stated, the case of the petitioner is that he is the owner of the vehicle i.e. Auto Rickshaw bearing registration No.AP 23 W 7545; that he is eking out his livelihood by giving the aforesaid vehicle on daily hire basis; that on the fateful day, he had given the aforesaid vehicle on daily hire basis to one Kavali Ramesh of the same village to drive the vehicle; that the aforesaid vehicle taken on daily hire basis was used for illegal transportation of liquor in the outskirts of Koll
Vehicle owners bear responsibility for illegal use by third parties unless clear evidence of innocence is provided.
Confiscation of a vehicle under the Bihar Prohibition and Excise Act requires both direct involvement in the offence and the owner's connivance, absent which no penalty may be imposed.
Vehicle owners must prove lack of knowledge and reasonable precautions in confiscation cases under the Excise Ordinance.
The court held that evidence must sufficiently establish vehicle involvement in offences, and the claimant must prove no knowledge or participation in illegal activities for release from confiscation....
Vehicle owners must prove lack of knowledge and precautions to avoid confiscation under the Excise Ordinance.
Vehicle owners cannot be penalized for release if their vehicle was stolen and they are not involved in criminal activities, reaffirming judicial principles of justice.
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