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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.10425 of 2026

DATE OF ORDER: 07.04.2026

Between:

Baman Gopal ...Petitioner

AND

The State of Telangana, rep. by its Principal Secretary,

Department of Prohibition and Excise, Secretariat, Hyderabad and others

...Respondents

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“…declaring the action of the Respondents in not releasing the petitioners vehicle i.e., Model Activa 125 Disc BSVIPH2 bearing Registration No.TG O1 A 5776 seized in Crime No.84/2026 of PS Mavala, Adilabad as illegal, arbitrary and violative of Articles 14, 19(1)(g) and 21 of the Constitution of India and consequently direct the Respondents to release the petitioners vehicle

forthwith..…”

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2. Heard Mr.S.Ravi Kiran Reddy, learned counsel

appearing for the petitioner, Sri Arun Kumar, learned Assistant Government Pleader for Prohibition and Excise, for respondent Nos.1 and 2 and Sri M.Srinivas, learned Assistant Government Pleader for Home, for respondent No.3

and perused the record.

3. Learned counsel appearing for the petitioner would

submit that the petitioner is the owner of a Honda Activa bearing Reg.No.TG 01 A 5776. On 08.02.2026 respondent No.3 Police allegedly intercepted the petitioner and seized the above said vehicle alleging that the petitioner is transporting Kingfisher Strong 650 ml (14 bottles), Budwiser Magnum 650 ml (1 bottle) and Down Town 180 ml (10 bottles) total 9.750 ltrs., worth Rs.2,500/- without valid permission and registered a case in Cr.No.84 of 2026 for offences under Section 226 of TEMA and Section 34(a) of TSEA. Learned counsel for the petitioner further submits that the vehicle was seized and is presently lying in the custody of respondents. Learned counsel further submits that

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petitioner is a student and is using the vehicle for transport and earning only and the seizure of said vehicle is causing severe hardship to the petitioner for his livelihood.

Questioning the same, the present writ petition is filed.

4. Learned Assistant Government Pleader for Prohibition

and Excise would submit that the vehicle was seized by respondent No.3 after it was intercepted while transporting liquor without a valid permit. Accordingly, the vehicle was seized and samples were sent to the laboratory for analysis. Respondent No.3 thereafter transferred the case, along with the seized vehicle, to the Station House Officer, Prohibition and Excise, P.S.Mavala, Adilabad District. The petitioner’s case is still under investigation, and at this stage, release of the vehicle is not warranted as it constitutes case property. However, the petitioner has every opportunity to file an appropriate application seeking release of the seized vehicle

in accordance with law.

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5. Learned Assistant Government Pleader for Home,

while adopting the same stand, submits that the vehicle was intercepted and both the vehicle and the liquor were seized and handed over to the Prohibition and Excise Department for further investigation. The role of respondent No.3 is confined to the seizure of the vehicle, and accordingly, the same was surrendered to respondent No.2. As the matter is presently under investigation, respondent No.3 is only a formal party to the proceedings. Hence, seeks to pass

appropriate orders.

6. In light of the aforesaid facts and circumstances of

the case, and upon perusal of the material available on record, it is noticed that the petitioner is not arrayed as an accused in Cr.No.84 of 2026. Considering that considerable time may be taken for filing of the final report, continued retention of the vehicle is likely to result in deterioration of its condition and functionality. Therefore, this Court deems it appropriate to direct respondent No.2 to release the vehicle i.e., Honda Activa bearing Reg.No.TG 01 A 5776 upon proper

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