THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29538 of 2025

ORAL 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., two wheeler bearing registration No.TG 20 4286. In proof of the same, he has filed a copy of the registration certificate.

3. The subject vehicle was seized on 15.06.2025 in Crime No.129 of 2025 by the Police of Kerameri Police Station. Petitioner herein is accused No.2 in the said crime. The allegations levelled against the accused in the said crime are that they were illegally transporting Desidharu liquor i.e., seventy five (75) plastic bottles, each containing 90 ml of Desidharu liquor. The offence alleged is punishable under Section 34(a) of the Telangana Excise Act, 1968. The petitioner states that he is a Driver. The vehicle was seized on 15.06.2025 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. In Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283, the Apex Court