A court may grant interim custody of a seized vehicle to its lawful owner pending investigation and the filing of a charge sheet, provided the owner provides adequate security and undertakings to produce the vehicle when required.

ORDER:

The present Writ Petition is filed under Article 226 of Constitution of India for the following relief/s:-

‘‘… to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents seizing and the continuing to detain the petitioner vehicle i.e., DZIRE ZXI AGS, Pearl ARCTIC WHITE COLOUR MH34CR1706 engine No.Z12ENF076234 and chassis No.MA3ZFDFSKSD176357 in crime No.2 of 2026 dated 02.01.2026 by Jaipur Police Station, Mancherial District is illegal arbitrary violate of Articles 14 and 300 A of the Constitution of India and contrary to the provisions of the Telangana State Excise Act and consequently direct the respondent to release the said vehicle forthwith to the petitioner without insisting upon deposit of the upset value pending investigation and petition any confiscation proceedings, subject to such conditions as this Hon’ble Court may deem fit and proper and pass such other order or orders …”

2. Heard Mr.V.Venkata Subramanyam, learned counsel for the petitioner and Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent Nos.1, 3 and 5 and Ms. Shilpa, learned Assistant Government Pleader, appearing for respondent Nos.2 and 4. Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is the lawful owner and possessor of the vehicle i.e., Car, DZIRE ZXI AGS, Pearl ARCTIC WHITE COLOUR MH 34 CR 1706 engine No.Z12ENF076234 and Chassis No.MA3ZFDFSKSD176357, duly registered with the competent Regional Transport Authority; that on 02.01.2026, respondent No.5 has registered Crime No.2/2026 of Jaipur Police Station, Mancherial District for the offences under Section 34(a) of TS Excise Act, 1968, alleging illegal transportation of liquor in the said Vehicle.

4. He further states that the petitioner is neither an accused in the crime nor he was present in the scene of offence and the illegal detention of the Vehicle is causing severe hardship to the petitioner. Except seizing the vehicle, the respondents have not initiated any confiscation proceedings under the relevant provisions of the Telangana State Excise Act. Therefore, he seeks to pass appropriate orders for release of subject vehicle.

5. Learned Assistant Government Pleader for Home opposes the same.

6. Having regard to the submissions of both the learned counsel and upon considering the fact that charge sheet is yet to be laid before the concerned Court in Crime No.02/2026, this Court deems it appropriate to direct respondent No.5 to give interim custody of the Vehicle Car, DZIRE ZXI AGS, Pearl ARCTIC WHITE COLOUR MH 34 CR 1706 engine No.Z12ENF076234 and Chassis No.MA3ZFDFSKSD176357 to the petitioner subject to the following conditions:-

(i) The petitioner shall execute the Fixed Deposit Receipt for a sum of Rs.1,50,000/- which shall be retained by the authority as surety.

(ii) The petitioner shall deposit the original Registration Certificate of the subject vehicle.

(iii) The petitioner shall not alienate or change the colour or nature of the vehicle during the pendency of the investigation. He shall submit an undertaking to respondent No.5 stating that he will produce the vehicle whenever required, either before the Investigating Officer or before the Court.

7. With the above direction, this Writ Petition is disposed of. However, there shall be no order as to costs. Miscellaneous Petitions, pending if any, shall stand closed.