IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.3984 of 2026 Dated: 10.02.2026 Between:

Gorimindla Yespal … Petitioner And The State of Telangana, Rep. by its Principal Secretary, Home (Excise) Department, Secretariat, Hyderabad and four others … Respondents

ORDER:

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

‘‘… to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.5 in seizing and continuing to detain the Petitioner’s vehicle i.e., TATA PUNCH Car bearing No.TG 08 A 1232 Engine No. REVTRN 20BVXM38937 and Chassis No.MAT634049RPB38211 in Crime No.273 of 2025 of Dubbak Police Station, Siddipet District, as illegal, arbitrary, violative of Articles 14 and 300A of the Constitution of India and contrary to the provisions of the Telangana State Excise Act and consequently direct the Respondents to release the said vehicle forthwith to the petitioner without insisting upon deposit of the upset value, pending investigation and pending any confiscation proceedings, subject to such conditions as this Honble Court may deem fit and proper and pass such other order or orders …”

2.

Heard Mr.Padam Rajender, learned counsel for the petitioner and Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents.

Perused the record.

3. Learned counsel for the petitioner submits that the petitioner is the lawful owner and possessor of the vehicle i.e., TATA PUNCH Car bearing No.TG 08 A 1232 Engine No. REVTRN20BVXM38937 and Chassis No.MAT634049RPB3 8211 duly registered with the competent Regional Transport Authority; that on 07.12.2025, respondent No.5 has registered Crime No.273/2025 of Dubbak Police Station, Siddipet District for the offences under Sections 170, 173, 223 r/w 3(5) of BNS, Sections r/w 233 of Telangana Panchayat Raj Act and 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.273/2025, this Court deems it appropriate to direct respondent No.4 to release the Vehicle TATA PUNCH Car bearing No.TG 08 A1232 Engine No.REVTRN20BVXM38 937 and Chassis No.MAT634049RPB38211 of the petitioner subject to the following conditions:-

(i) The petitioner shall execute the Fixed Deposit Receipt for a sum of Rs.1,00,000/- 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.

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JUSTICE E.V.VENUGOPAL

10.02.2026

ESP