IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.33918 of 2025 Date: 18.02.2026 Between:

Polaigari Sujatha ..Petitioner And The State of Telangana, rep. by its Principal Secretary, Prohibition and Excise Department, Secretariat Buildings, Hyderabad and two others ..Respondents

ORDER

This Writ Petition is filed seeking the following relief:-

“…to issue an order or direction more particularly one in the nature of Writ of Mandamus questioning the impugned proceedings of the 2nd respondent in Cr.No. B/21/2022/DCM-1, dated 23.10.2025 served on the petitioner on 28.10.2025 for confiscating the Swift Car bearing No.TS 15 FD 4495 in favour of the Government which was seized in COR No.117 of 2025 dated 06.08.2025 on the file of the 3^rd Respondent-Station House Officer, Prohibition and Excise Station, Sangareddy, Sangareddy District by rejecting to grant interim custody in favour of the petitioner without concluding the trial is ex facie erroneous and to declare the same as illegal, arbitrary, in violation of section 60 (3) and 63 of the Narcotic Drugs And Psychotropic Substances, Act, 1985 (for short “the NDPS Act”) and consequently set aside the impugned proceedings in Cr.No. B/21/2022/DCM-1, dated 23.10.2025 of the 2nd respondent (served on the petitioner on 28.10.2025) and forthwith release the vehicle in favour of the petitioner…”

2. Heard Sri S.Sudarshan, learned counsel for the petitioner and Sri M.Arun Kumar, learned Assistant Government Pleader for Prohibition and Excise appearing for the respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Brief facts of the case are that the petitioner is the owner of Swift Car bearing No.TS 15 FD 4495, which was allegedly seized on 06.08.2025 at about 5:00 p.m. at NH-65 road, near Kamkole Toll Plaza, for transportation of flowering and fruiting tops of Ganja weighing about 1.145 kg. and basing on the confession-cum- seizure report, a case in C.OR.No.117 of 2025 was registered against three persons. The case property, including the seized vehicle, was handed over to the Station House Officer, Rangareddy and the accused persons were produced before the learned Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act-cum-II Additional Junior Civil Judge, Sangareddy. Learned counsel for the petitioner would further submit that the petitioner is no way concerned with the said transportation of ganja. The petitioner made a representation, dated 25.09.2025 before the Deputy Commissioner, Prohibition and Excise, Medak Division at Sangareddy (respondent No.2) for release of the aforesaid vehicle to her. The said request was rejected by respondent No.2 vide proceedings in Cr.No.B/21/2022/DCM-1, dated 23.10.2025, whereby, the vehicle was ordered to be confiscated to the Government. Questioning the said proceedings, the present Writ Petition is filed.

4. Learned counsel for the petitioner would submit that the rejection of the claim to grant interim custody of the subject vehicle to the petitioner is erroneous and in violation of Section 60 (3) and 63 of the NDPS Act. He would further submit that, in similar circumstances, this Court in W.P.No.15102 of 2025 has directed respondent Nos.2 and 4 therein to grant interim custody of the vehicle, subject to furnishing of bank guarantee and an undertaking not to alienate or change the nature of the same. Learned counsel for the petitioner would further submit that though the case of the petitioner is similar to the facts and circumstances in W.P.No.15102 of 2025, the case of the petitioner was not considered by respondent No.2. The vehicle is now in the custody of respondent No.2 and if it is exposed to sun, rain and dust, it would be spoiled. Learned counsel for the petitioner would further submit that the petitioner is ready and willing to abide by the conditions, which may be imposed by this Court and unless