THE HONOURABLE SRI JUSTICE K. LAKSHMAN

WRIT PETITION No.26992 of 2025

ORDER

Heard learned counsel for the petitioner and learned

Government Pleader for Prohibition and Excise appearing on

behalf of the respondents.

2. The petitioner herein is claiming that he is the owner of the vehicle i.e., Ashok Leyland Van bearing registration No.TS-31-T- 5912. In proof of the same, he has filed a copy of the registration

certificate.

3. The subject vehicle was seized on 2.08.2025 in C.O.R. No.93 of 2025 by the Police of Kollapur Prohibition and Excise Station, Nagarkurnool District. The allegations levelled against the accused in the said crime are that they were transporting 3000kgs of black jaggery, 100kgs of alum and 10 litres of I.D. liquor in the subject vehicle. The offence alleged is punishable under Sections 7(A) r/w 8(e) of the Telangana Prohibition Act, 1995 and Section 34(e) of the Telangana Excise Act, 1968. The petitioner states that he is a businessman. The vehicle was seized on 02.08.2025 and is

presently lying at respondent No.3 – Police Station, subjected to sun and rain. Therefore, the petitioner is seeking release of the said vehicle.

4. Whereas, the learned Government Pleader for Prohibition and Excise, on instructions, would submit that respondent No.2 has already issued a show cause notice dated 22.08.2025 to the petitioner. The petitioner has not submitted any explanation. However, respondent No.2 will conclude the confiscation proceedings in accordance with law.

5. In Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, the Apex Court held that whatever be the situation, it is of no use to keep such-seized vehicles at the police stations for a long period. It is for the Magistrate to pass appropriate orders immediately by taking appropriate bond and guarantee as well as security for return of the said vehicles, if required at any point of time. This can be done pending hearing of applications for return of such vehicles.

6. In light of the above discussion, the writ petition is allowed, directing respondent No. 3 to release the subject vehicle, i.e., Ashok Leyland Van bearing registration No.TS-31-T-5912, to the petitioner upon proper verification of ownership and upon the petitioner furnishing a personal bond for Rs. 2,00,000/- (Rupees Two Lakhs only) with one surety for a like sum, to the satisfaction of respondent No. 3. The petitioner shall deposit the original registration certificate of the subject vehicle with respondent No. 3. The petitioner shall not alienate or change the color 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 Officer or before the Court. Liberty is granted to the petitioner to submit his explanation to the show cause notice dated 22.08.2025, if not already submitted, within ten days from the date of receipt of a copy of this order.

As a sequel, miscellaneous petition, if any, pending in the Criminal Petition, shall stand closed.

_________________ K. LAKSHMAN, J

09.09.2025 sa