IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.35437 of 2025 DATE: 23.02.2026 Between:

Mr. Srikanth Madala.

...Petitioner AND The State of Telangana, Principal Secretary, Prohibition and Excise Department Secretariat, Hyderabad and 3 others.

…Respondents

ORDER

This writ petition is filed seeking following relief: “…to issue an order, direction or a writ more particularly one in the nature of writ of mandamus declaring the action of respondent Nos.2 to 4 in not releasing the vehicle bearing Registration No.NL 02 B 3185, Sleeper Bus, Ashok Leyland make, Chassis No.MB1PVELD7SEJ5891, Engine No.SJEZ702101, Manufactured year: 07/2025, Registration date: 09-Sep-2025 as illegal, arbitrary and unconstitutional and against the principles laid down in the decision rendered by the Hon’ble Supreme Court in Sunderbhai Ambalal Desai Vs. State of Gujarat (AIR 2003 SC 638) and direct the respondent Nos.2 to 4 to release the vehicle bearing Registration No.NL 02 B 3185, Sleeper Bus, Ashok Leyland make, Chassis No.MB1PVELD7SEJ5891, Engine No.SJEZ702101, Manufactured year: 07/2025 and Registration date 09-Sep-

2025 belonging to the petitioner immediately …”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise, appearing for respondent Nos.1 to 4. 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 registered owner of the vehicle bearing Registration No. NL-02-B- 3185, being a Sleeper Bus of Ashok Leyland make, having Chassis No. MB1PVELD7SEJ5891 and Engine No. SJEZ702101, manufactured in July 2025 and registered on 09.09.2025 (hereinafter referred to as the “subject vehicle”). It is further submitted that the subject vehicle is duly covered by a valid All India Tourist Permit. The vehicle also possesses a valid Insurance Policy subsisting till 17.08.2026, a Fitness Certificate valid up to 08.09.2027, and all applicable statutory road taxes have been duly paid.

4.1. He would further submit that, without the knowledge of the petitioner, while the subject vehicle was plying from Andhra Pradesh to Telangana via Zaheerabad, it was intercepted by Respondent No.4. Upon inspection, 195 boxes of Nitrazepam Tablets IP 10 mg (Netpecare-10) were allegedly found in the vehicle. Consequently, a crime was registered vide C.O.R. No. 306 of 2025, dated 03.10.2025, at the Prohibition and Excise Police Station, Zaheerabad. The vehicle was seized after conducting a proper panchanama, and the driver was arrested.

4.2. He would further submit that the value of the vehicle has been estimated at approximately Rs. 86,43,300/- as per the insurance policy issued by The New India Assurance Company Ltd., dated 22.08.2025. He submits that the petitioner is a bona fide businessman who has been operating his business strictly in compliance with the All India Tourist Permit issued to him. In the absence of the petitioner, the driver was in charge of the vehicle along with other staff present in the bus. Being a common man, the petitioner has been eking out his livelihood by plying the vehicle from place to place under a valid All India Tourist Permit.

4.3. While the vehicle was plying from Zaheerabad to Hyderabad, it was intercepted by the respondent authorities. He would submit that the petitioner had purchased the said vehicle by availing a loan, and a No Objection Certificate dated 13.10.2025 has been obtained from the financier for release of the vehicle. Accordingly, he submits that, without any indulgence or involvement of the petitioner in the alleged crime, the petitioner’s vehicle has been seized, thereby depriving him of his rights and infringing upon the fundamental right guaranteed under Article 19(1)(g) of the Constitution of India. It is further submitted that the vehicle is lying in the ope