ORDER:

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

‘‘… 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 petitioner’s vehicle i.e., Model Name:PULSAR NS 160 BSVI-PH2 bearing Registration No.TGO1A4203, seized in Crime No.113/2026 of P.S. II-Town, Adilabad as illegal, arbitrary and violative of Articles 14, 19(1)(g) & 21 of the Constitution of India and consequently direct the Respondents to release the petitioner’s vehicle forthwith, and pass such other order or orders …”

Heard Mr.Soma Ravi Kiran Reddy, learned counsel for the petitioner and Ms.Shilpa, learned Assistant Government Pleader for Prohibition & Excise appearing on behalf of respondent Nos.1 and 2 and Mr.M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent No.3. Perused the record.

Learned counsel for the petitioner submits that the petitioner is the registered owner of the Motor Cycle bearing Registration No.TG01A4203, Model PULSAR NS 160 BSVI-PH2, Chassis No.MD2A92DX4SCD57502, Engine No.JEXCSD16485, registered on 30.08.2025 and valid upto 29.08.2040. On 10.02.2026, respondent No.3 intercepted the petitioner’s Vehicle and seized the Motor Cycle by alleging that it was transporting 1) 750 ml Royal Stag (4 Bottles), 2) 90 ML MC Dowells (3 Bottles), without any valid permission. Basing on the said facts Crime No.113 of 2026 was registered against the petitioner and another for the offences punishable under Sections 223, 174 Bharatiya Nyaya Sanhita, 2023 (for short, “BNS, 2023”) and Section 34(a) of the Telangana Excise Act, 1968.

He further contends that the petitioner is the absolute owner of the Vehicle and the same is required for his livelihood; that the continued seizure of the Vehicle is causing hardship and severe financial loss to the petitioner. He states that if the Vehicle is exposed to sun and rain, it is put to deterioration day by day. Relying on the order dated 28.01.2026 passed by this Court in W.P.No.2340 of 2026, he seeks indulgence of this Court to grant interim custody of the subject Bike.

Learned Assistant Government Pleader for Prohibition and Excise opposes the same.

Having regard to the submissions of both the learned counsel, on perusal of the material available on record and relying on the decisions reported in Jagtar Singh, Son of Dhyan Singh v. State of Rajasthan¹2017 Law Suit (Raj.) 2379, Kishore Kumar Choudhury v. State of Orissa, 2017 Law Suit (Ori.) 240 and Waish Ahmed v. State of West Bengal, 2017 Law Suit (Cal.) 22, wherein the High Courts of Rajasthan, Orissa and Calcutta, released the seized vehicles, on certain terms and conditions and the decisions passed by the Hon’ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat, (2002) 10 SCC 283 and Bishwajit Dey Vs. The State of Assam⁵CRIMINAL APPEAL NO. 87 OF 2025 (Arising out of Special Leave Petition (Crl.)No.13370 of 2024), wherein it has been laid down that in case of the vehicle seized during investigation, it should not be allowed to deteriorate by keeping it unused and unattended in the premises of the Police Station. Hence, this Court is of the opinion that the petitioner’s Vehicle i.e., Model PULSAR NS 160 BSVI-PH2, shall be entrusted to the petitioner for interim custody subject to the following conditions:

(i) The petitioner shall furnish security in the form of Fixed Deposit Receipt for a sum of Rs.20,000/- (Rupees twenty thousand only) the satisfaction of respondent No.2/Deputy Commissioner of Prohibition & Excise, Adilabad District.

(ii) The petitioner shall deposit the original Registration Certificate of the Bike before respondent No.2. However, respondent No.2 shall issue a certified copy of the registration certificate to the petitioner so that no inconvenience is caused to him while using the vehicle.

(iii) The petitioner shall give an undertaking t