THE HON’BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.16573 of 2025

ORDER

Heard learned counsel for the petitioner, learned Government Pleader for Home appearing for respondent Nos.1 to 3, and with the consent of the learned counsel appearing for the parties, the Writ Petition is taken up for hearing and disposal at the admission stage.

2. The case of the petitioner, in brief, is that, the 3^rd respondent had seized the petitioner’s vehicle bearing registration No.TS 03 EU 3150, Maruti Suzuki Dzire Car, in connection with Crime No.106 of 2025 dt.05.06.2025 alleging that it is being used for transporting dry ganja of a quantity of 132.39 kgs; and that he is the owner of the subject vehicle and had given the same on rent to one Pallapu Parsha Ramulu, who is arrayed as accused No.1 without knowledge that the subject vehicle would be used for commission of crime.

3. Petitioner further contends that since, he had brought the subject vehicle for earning his livelihood, on account of the seizure of the subject vehicle by the 3^rd respondent, he is being put to hardship, and thus, seeks for release of the same.

4. Per contra, learned Government Pleader for Home appearing on behalf of respondent Nos.1 to 3 would submit that since, the subject vehicle was involved in transporting dry ganja which is a contraband and attracting the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985, the authorities have seized the aforesaid vehicle in connection with Crime No.106 of 2025.

5. Learned Government Pleader would further submit that the subject vehicle is not in the custody of the 3^rd respondent now and the 3^rd respondent on seizing the aforesaid vehicle had deposited the same before the concerned Magistrate along with Form 60 on 06.06.2025, vide Inward No.838/2025; and that since the subject vehicle is already deposited before the concerned Magistrate, the petitioner has to approach the concerned Magistrate, if the petitioner intends to seek release of the subject vehicle, by filing appropriate petition and comply with the conditions, if any imposed by the Court below.

6. I have taken note of the respective contentions urged.

7. Having regard to the submissions made as above and taking note of the fact that the respondents-authorities on seizing the subject vehicle in connection with Crime No.106 of 2025, having deposited the same before the concerned Magistrate on 06.06.2025, this Court is of the view that the petitioner should be directed to approach the concerned Magistrate and seek release of the subject vehicle by filing a petition in terms of Section 497 of BNSS, and for the said reason, no direction for release of the vehicle can be given in the present Writ Petition.

7. Subject to above liberty, the Writ Petition is disposed of. No order as to costs.

8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

__________________ T. VINOD KUMAR, J Date:18.06.2025

GJ