IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.9064 of 2026 DATE: 26.03.2026 Between:

Mr. Polkamwar Amol.

...Petitioner AND The State of Telangana,, Rep. by its Principal Secretary, Home Department, Secretariat, Hyderabad and 2 others.

…Respondents

ORDER

This writ petition is filed seeking following relief: “…to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in not releasing the petitioners vehicle bearing Registration No.TS 01EQ9587 seized in Crime No.78/2026 of P.S.Mavala as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondent No 2 to release the petitioners vehicle forthwith …”

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Home, appearing for respondent Nos.1 to 3.

Perused the record.

3. The petitioner claims to be the registered owner of Active – 6G DLX BSVI Motorcycle bearing registration No.TS01EQ9587 (‘subject vehicle’ for brevity). The said vehicle was seized in Crime No.78 of 2026, dated 07.02.2026 of Mavala Police Station, Adilabad District which was registered for the offence punishable under Sections 226 of TEMA and 34 (a) of TS Excise Act, 1968 (for short “the Act, 1968”) alleging that large number of liquor bottles of different brands worth of Rs.45,480/- were found in the subject vehicle.

4. Learned counsel for the petitioner would submit that the petitioner is the owner of the vehicle and if the vehicle is not released, he would be put to irreparable loss. He submits that if the vehicle is exposed to air, sun and rain, there is every possibility of the vehicle getting damaged and hence, seeks interim custody of the vehicle.

5. The Hon’ble Apex Court in Bishwajit Dey v. State of Assam (Criminal Appeal No.87 of 2025) held as follows:

(IF THE VEHICLE IN THE PRESENT CASE IS KEPT IN THE CUSTODY OF POLICE TILL THE TRIAL IS OVER, IT WILL SERVE NO PURPOSE)

34. This Court is also of the view that if the Vehicle in the present case is allowed to be kept in the custody of police till the trial is over, it will serve no purpose. This Court takes judicial notice that vehicles in police custody are stored in the open. Consequently, if the Vehicle is not released during the trial, it will be wasted and suffering the vagaries of the weather, its value will only reduce.

35. On the contrary, if the Vehicle in question is released, it would be beneficial to the owner (who would be able to earn his livelihood), to the bank/financier (who would be repaid the loan disbursed by it) and to the society at large (as an additional vehicle would be available for transportation of goods).

6. Further, in Sunderbhai Ambalal Desai v. State of Gujarat,, (2002) 10 SCC 283 the Hon’ble Apex Court has laid down that in case of vehicle seized during investigation, it should not be allowed to deterioration and kept unused and unattended in the premises of the Police Station. Therefore, the vehicle has to be entrusted to the interim custody of the petitioner subject to certain conditions.

7. Since there is no dispute with regard to the ownership of the vehicle and having regard to the principles laid down by the Hon’ble Apex Court in the decisions stated supra, this Court is inclined to grant interim custody of subject vehicle i.e., Active – 6G DLX BSVI Motorcycle bearing registration No.TS01EQ9587 which was seized in Crime No.78 of 2026, dated 07.02.2026 on the file of Mavala Police Station, Adilabad District, in favour of the petitioner on the following conditions:

(i) The petitioner shall furnish a surety in the form of Fixed Deposit Receipt for a sum of Rs.20,000/- (Rupees Twenty thousand only) to respondent No.2.

(ii) The petitioner shall give an undertaking that he will not alienate the subject vehicle or create any third party rights in any manner and will maintain the vehicle in the same good