THE HON’BLE SRI JUSTICE J.SREENIVAS RAO WRIT PETITION No.15102 of 2025

ORDER:

This writ petition has been filed seeking the following relief:

“For the reasons stated in the accompanying affidavit, it is hereby prayed that this Hon’ble Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus questioning the impugned proceedings Cr.No.B/21/2022/DCM, Dt.29.04.2025 served on the Petitioner on 07.05.2025 by the 2nd Respondent for confiscating the Mahindra Thar vehicle bearing No.TS 08-JZ-0005 in favour of Government which was seized in COR No.06 of 2025 dt.20.01.2025 on the file of Proh. and Excise Police Station Sangarereddy by rejecting to grant interim custody in favour of the Petitioner without concluding the trial is ex facie erroneous, illegal, arbitrary and unjust and consequently set aside the impugned Proceedings Cr.No.B/21/2022/ DCM, dt.29.04.2025 (served on the Petitioner on 07.05.2025) issued by the 2nd Respondent and forthwith release the vehicle in favour the Petitioner and pass such other order or orders as deem fit and proper in the interest of justice.”

2. Heard Sri Palle Sriharinath, learned counsel for the petitioner; Sri R.Laxmikanth Reddy, learned Assistant Government Pleader for Home Department, appearing for respondent No.1; and Sri P.Vishal, learned Assistant Government Pleader for Prohibition and Excise Department, appearing for respondent Nos.2 and 3.

3. With the consent of the learned counsel for the parties, the writ petition is disposed of at the stage of admission.

4. Brief facts of the case:

4.1. The petitioner averred that he is the owner of the Mahindra Thar vehicle bearing No.TS-08-JZ-0005 (hereinafter referred to as, “the subject vehicle”) which was purchased by availing financial assistance from a private financier. It is further averred that five months back, he placed the subject vehicle in “Zoom Car”, which is car sharing market place. The “Zoom Car” connects hosts with guests, who choose from the selection of cars for use at affordable prices, promoting smart transportation solutions in India. For each booking on “Zoom Car”, the aggregate amount was charged from the guest who booked the car. Accordingly, the “Zoom Car” platform provides hosts. On

17.01.2025, one person, namely Harjoth Singh, has booked the petitioner’s subject vehicle through “Zoom Car” for four days through booking number ID-JPSNOQ80D and he had to return the same by 20.01.2025. However, he did not return the subject vehicle to the petitioner.

4.2. It is further averred that on 20.01.2025, the Assistant Commissioner, Enforcement Team, Medak Division, checked the subject vehicle at Malkapur Flyover in the presence of panchas and during the said checking, they detected contraband i.e., 0.12 grams of Methylenedioxymethamphetamine (MDMA) Crystals from the possession of Harjoth Singh under cover of a panchanama and accordingly a crime in COR No.6 of 2025 was registered for the offences under Sections 8(c) read with Section 22(a) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as, “the NDPS Act”), against Harjoth Singh and seized the subject vehicle. It is further averred that a Drug Disposal Committee was constituted for the purpose of disposal of the seized items. Accordingly, the Drug Disposal Committee has issued notice dated 11.03.2025 directing the petitioner to submit explanation, if any, within a period of 15 days from the date of receipt of the notice. Pursuant to the same, the petitioner submitted explanation on 03.04.2025 stating that he has no knowledge about the alleged transportation of MDMA and he has not committed any offence and requested respondent No.2 to release the subject vehicle. Respondent No.2, without considering the said explanation, passed the impugned order dated 29.04.2025 rejecting the request of the petitioner for release of subject vehicle on interim custody, without assigning any reasons. Hence, the present writ pet