THE HON’BLE SRI JUSTICE K. LAKSHMAN WRIT PETITION No.27353 of 2025

ORAL ORDER:

Heard learned counsel for the petitioner and Mr.A.Jagan, learned Government Pleader for Prohibition and Excise.

2. It is the specific contention of the petitioner herein that he has furnished Bank Guarantee of Rs.3,00,000/- for release of Ashok Leyland (6) Wheeler Vehicle bearing No.KA 56 7607 in C.O.R.No.311 of 2023, dated 06.11.2023 in compliance with the order dated 14.12.2023 in W.P.No.32171 of 2023. On completion of investigation, the Investigating Officer in C.O.R.No.311 of 2023 filed the charge sheet and the same was taken on file as C.C.No.25 of 2025 on the file of the learned Judicial Magistrate of the First Class, Zaheerabad, against the accused. The accused filed a Criminal Petition i.e., Crl.P.No.8827 of 2025 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash the proceedings in C.C.No.25 of 2025 against the accused.

3. Vide order dated 18.07.2025, the said Criminal Petition was allowed quashing the proceedings against the accused in C.C.No.25 of 2025. Thereafter, petitioner has submitted a representation dated 30.07.2025 to respondent No.2 with a request to release the aforesaid Bank Guarantee of Rs.3,00,000/- furnished by the petitioner vide Fixed Deposit Receipt (FDR) No.742958, dated 18.01.2024. Despite receiving and acknowledging the said representation, respondent No.2 did not act upon the same. Aggrieved by the said inaction of respondent No.2, petitioner filed the present writ petition.

4. Learned Government Pleader for Prohibition and Excise, on instructions, would submit that the whereabouts of the vehicle are not known and as per Section 46D of the Telangana Excise Act, 1968, the order of confiscation under sub-section (2) of Section 46 or Section 46B shall not prevent from initiation of criminal proceedings against the accused under this Act. The result of criminal proceedings either acquittal or conviction or otherwise under the provisions of this Act, will have no bearing on the order of confiscation passed under this Act. However, it is for respondent No.2 to consider the aforesaid aspects while disposing the representation dated 30.07.2025 submitted by the petitioner.

5. In the light of the same, this Writ Petition is disposed of directing respondent No.2 to consider and dispose of the representation dated 30.07.2025 submitted by the petitioner, in accordance with law. If respondent No.2 is not inclined to accept the request made by the petitioner, he shall assign specific reasons, pass a reasoned order and communicate copy of the same to the petitioner. However, he shall complete the entire exercise within thirty (30) days from the date of receipt of a copy of this order.

Miscellaneous applications, if any pending, shall stand closed. There shall be no order as to costs.

_________________ K. LAKSHMAN, J

11^th SEPTEMBER, 2025.

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