THE HON’BLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.28678 OF 2025

ORDER:

Heard Sri Laxmaiah Kanchani, learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise.

2. Petitioner is the absolute owner and possessor of the car i.e.

Tata Motors DCM, bearing registration No.AP-39-UF-4524 (for short, ‘the subject vehicle’). In proof of the same, he has filed copy of Registration Certificate (RC). On 27.05.2025, while the petitioner was transporting 10,290 kgs, of black Jaggery in the subject vehicle, 3^rd respondent seized the subject vehicle and registered a case in Crime No.148 of 2025 for the offence punishable under Section 34(e) of Telangana Excise Act, 1968.

3. It is the specific contention of the petitioner herein that he has not transported the contraband illegally, but for the purpose of his kirana shop. The said vehicle is the only source of his livelihood. The vehicle is now in the custody of 3^rd respondent. If the said vehicle is kept idle and exposed to Sun, rain and dust, it will get spoiled. Therefore, he seeks to release the subject vehicle.

4. Whereas, learned Asst.Govt.Pleader for Prohibition and Excise, on instructions, would submit