IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.4176 of 2026 DATE: 10.02.2026 Between:

Smt. Rekha. ...Petitioner AND The State of Telangana,, through SHO, Prohibition and Excise Station, Sangareddy, Sangareddy District, rep by Public Prosecutor, High Court Hyderabad and 2 others.

…Respondents

ORDER

This writ petition is filed seeking following relief: “…to issue an order or direction more particularly one in the nature of writ of mandamus questioning the impugned proceedings Cr.No.B/21/2022/DCM, Dt.10.09.2025 issued by the 2nd Respondent in rejecting the request of the Petitioner for interim custody of Car Maruthi Suzuki Baleno bearing No.TG-08 K-1249 and confiscating the same in favour of Government which was seized in COR.No.61 of 2025 on the file of Proh and Excise Police Station Sangareddy, Sangareddy District, without concluding the trial is ex-facie erroneous, illegal, arbitrary and unjust and consequently set aside the impugned Proceedings Cr.No.B/21/2022/DCM, dt.10.09.2025 issued by the 2nd Respondent and forthwith release the vehicle Car Maruthi Suzuki Baleno bearing No.TG-08 K-1249 in favour the Petitioner…”

2. Heard Sri Palle Sriharinath, learned counsel for the petitioner, Ms.Shilpa, learned Assistant Government Pleader for Prohibition and Excise, appearing for respondent Nos.1 to 3. Perused the record.

3. With the consent of the learned counsel for the parties, the writ petition is disposed of at the stage of admission.

4. Learned counsel for the petitioner submits that the petitioner is the absolute owner of the Car, Maruthi Suzuki Baleno bearing Registration No. TG-08 K-1249 (hereinafter referred to as the “subject vehicle”). The petitioner had given the said vehicle on rent to another individual for a period of three months. It is further submitted that the subject vehicle was seized by Respondent No.3 under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, “the NDPS Act”) in connection with COR No.61 of 2025 dated 09.06.2025, on the allegation of illegal possession and transportation of 0.620 grams of dry ganja by two accused persons.

4.1. Learned counsel submits that the petitioner has not committed any offence and that the alleged contraband was seized only from the possession of the accused persons. The petitioner is eking out his livelihood through the said vehicle and has no knowledge of the alleged illegal activities of the accused.

4.2. It is further submitted that pursuant to notice dated 12.08.2025 in Cr. No. B/12/2022/DCM-1, calling upon the petitioner to submit his explanation within fifteen (15) days, the petitioner duly submitted his explanation and requested Respondent No.2 to release the subject vehicle, explaining reasons.

4.3. However, without properly considering the explanation submitted by the petitioner, the impugned order dated 10.09.2025 came to be passed without assigning any reasons, which is in gross violation of the principles of natural justice. He further submit that the petitioner is ready and willing to abide by the conditions which may imposed by this Court and unless the subject vehicle is released, the petitioner will be put to great hardship.

5. Per contra, learned Assistant Government Pleader for Prohibition and Excise Department appearing for respondents would submit that the petitioner’s subject vehicle was involved in a grave offence and the contraband i.e., 0.620 grams of Dry ganja was seized from the subject vehicle and the petitioner is not entitled for release of the said vehicle.

6. Having heard the learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise, this Court deems it appropriate to direct the respondent Nos.2 and 3 to release the subject vehicle i.e. Car Maruthi Suzuki Baleno bearing No.TG-08 K-1249, to the petitioner subject to following conditions:

(i) The petitioner shall furnish the bank guarantee for an amount of R