ORDER

This writ petition is filed to declare the action of respondent No.2 - Deputy Commissioner of Prohibition and Excise, Hyderabad, in seizing the petitioner’s vehicle ‘Maruthi Swift Car bearing No. TS 13 ET 9762’ in connection with FIR.No.239 of 2024 of Tappachbutra Police Station, Hyderabad, registered for the offence under Section 34 (a) of the Telangana Excise Act, 1968 (for short, ‘the Act’), as illegal and arbitrary.

2. Heard Mr. Laxmaiah Kanchani, learned counsel for the petitioner, and Mr. S. Laxminarayana, learned Assistant Government Pleader for Prohibition and Excise, and perused the material available on record.

3. Learned counsel for the petitioner submitted that the petitioner is the owner of the subject vehicle. The husband of the petitioner is the accused in the above crime and he was intercepted by the complainant. The allegation is that the accused tried to escape from the spot when the police checked the vehicle, however, he was apprehended. The police found the subject Car with Indian Made Foreign Liquor (IMFL) bottles i.e., two cartons of dweiser 500 ML (each carton of 24 bottles) and four bottles of Budweiser double barrel American whisky 75 ML and when the accused was asked to show valid documents, he failed to produce any documents and did not give any satisfactory answer. The subject vehicle along with IMFL liquor bottles was seized in the presence of panchas and under a cover of confessional-cum-seizure panchanama. It is alleged that the accused confessed that he purchased IMFL liquor from wine shops at Begumpet and transporting the same during night hours.

4. Based on written instructions, learned Assistant Government Pleader for Prohibition and Excise submitted that show cause notice was issued to the owner of the vehicle and the accused person on 16.07.2024 to submit their explanation within 15 days as to why the seized vehicle shall not be confiscated under Section 46 of the Act. It is submitted that confiscation proceedings will be finalised as soon as possible.

5. Taking into consideration that the petitioner is not the accused and the allegation against the accused is only regarding transportation of IMFL liquor, this Court is inclined to grant relief to the petitioner.

6. Accordingly, the writ petition is disposed of directing respondent No.2 - Deputy Commissioner of Prohibition and Excise, Hyderabad, to release the vehicle i.e., Maruthi Swift Car bearing No. TS 13 ET 9762 to the petitioner, subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for a sum of Rs.30,000/- (Rupees Thirty Thousand only) in favour of respondent No.2. The release of the vehicle shall be subject to the confiscation orders that may be passed by respondent No.2 under Section 46 of the Act. The petitioner is directed not to alter the physical features of the vehicle and not to alienate the vehicle until confiscation proceedings are finalised. Respondent No.3 shall communicate to the concerned Motor Vehicles Inspector by making an entry that the vehicle is seized in connection with FIR No.239 of 2024 of Tappachbutra Police Station, Hyderabad. There shall be no order as to costs.

As a sequel thereto, miscellaneous applications, if any, pending in the writ petition stand closed.

____________________ B. VIJAYSEN REDDY, J Date: 18.07.2024 v v