THE HONOURABLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.28680 of 2025

ORDER

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Heard learned counsel for the petitioner, learned Government Pleader for Prohibition and Excise and learned Government Pleader for Home appearing on behalf of the respondents.

2. The petitioner herein is claiming that he is the owner of the vehicle i.e., Toyota Glanza (LMV) bearing registration No.TS21-J- 1113. In proof of the same, he has filed a copy of the registration certificate.

3. The subject vehicle was seized on 23.08.2025 in C.O.R. No.262 of 2025 by respondent No.3. The allegation levelled against the accused in the said crime is that he was transporting whisky and other brands of liquor in the subject vehicle. The offence alleged is punishable under Sections 34(a) of Excise Act, 1968 and 7(A) read with 8(e) of the Telangana Prohibition Act, 1995. The petitioner states that his livelihood depends on plying his vehicle on hire. The vehicle was seized on 23.08.2025 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., Toyota Glanza (LMV) bearing registration No.TS21-J-1113, to the petitioner upon proper verification of ownership and upon the petitioner furnishing a personal bond for Rs.2,00,000/- (Rupees Two Lakhs 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.

_________________ K. LAKSHMAN, J

22.09.2025

PNS