O R D E R:

This Criminal Petition is filed to direct the 2nd respondent to release the petitioner’s vehicle i.e., four Wheeler Tata Ultra DCM Van bearing Registration No.TN-25-BW-7116 seized in C.O.R.No.270 of 2022 on the file of Thorrur Prohibition and Excise Station, Mahabubabad, Mahabubabad District, filed for the offences under Sections 7(A) r/w *(e) of T.S. 34(e) of Telangana Excise Act, 1968 and 7(A) read with 8(e) of the Telangana Prohibition Act, 1995 and, in spite of his readiness to furnish sureties.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent - State. Perused the record.

3. The case of the petitioner is that he is the registered owner of the vehicle i.e., Four Wheeler Tata Ultra DCM Van bearing Registration No.TN-25-BW-7116 and he is using the said vehicle for his livelihood and day to day works. He further submits that the 3rd respondent seized the said vehicle on the ground that the said vehicle was found transporting 200 kgs of black jaggery, 50 kgs of Alum , 20 liters of I.D. liquor and 200 Litres of FJ Wash.

4. Learned counsel for the petitioner would submit that the vehicle in dispute of the year 2022. In proof of the same, he has filed copy of certificate of registration. The contraband seized was 200 kgs of black jaggery, 50 kgs of Alum , 20 liters of I.D. liquor and 200 Litres of FJ Wash. By referring the same, learned counsel for the petitioner would submit that an amount of Rs.1,00,000/- could be the reasonable amount towards security deposit for releasing of the vehicle.

5. Considering the fact that the petitioner is only using his vehicle for his livelihood and day to day works, the vehicle can be released subject to further proceedings under the Excise Act, on certain terms.

6. Accordingly, the Criminal petition is disposed of, directing the respondents to release the vehicle i.e., four Wheeler Tata Ultra DCM Van bearing Registration No.TN-25-BW-7116 seized in C.O.R.No.270 of 2022 on the file of Thorrur Prohibition and Excise Station, Mahabubabad, Mahabubabad District, subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for an amount of Rs.1,00,000/- (Rupees One Lakh only) in favour of the 2nd respondent. The petitioner shall also furnish an undertaking that he will not alienate or change the physical features of the vehicle. The 2nd respondent shall write to the RTA authority not to transfer the vehicle in favour of any third party without clearance from the Excise Department. Needless to say, release of the vehicle is subject to the orders that shall be passed by the 2nd respondent authority pursuant to the enquiry to be conducted under the provisions of the Prohibition Act. No order as to costs.

Miscellaneous Petitions, if any, pending, shall stand closed.

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K.SURENDER, J Date: 05.01.2023 hk