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 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.

5. In light of the above discussion, the writ petition is allowed, directing respondent No.3 to release the subject vehicle, i.e., two wheeler bearing registration No.TG 20 4286, to the petitioner upon proper verification of ownership and

upon the petitioner furnishing a personal bond for Rs.10,000/- (Rupees ten thousand 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.

As a sequel, miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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K. LAKSHMAN, J

25.09.2025 ynk THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.29538 of 2025

25.09.2025 ynk