IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.31159 of 2024 DATE OF ORDER: 28.04.2026 Between:

Ramagani Roaja Sri ...Petitioner AND The State of Telangana and others ...Respondents

ORDER :

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

“….to declare the action of respondent Nos.3 and 4 in not releasing the petitioners vehicle i.e., Mahindra XUV300 bearing vehicle No.TS26G9257 seized in C.O.R. No.301/2024 dated 29-07-2024 prohibition and excise police Zaheerabad, Sanga Reddy District and deposited before the Drug Disposal Committee, inspite of My readiness to furnish the third party surety as being as illegal, arbitrary and contra to the Guidelines laid down by the Honble Supreme Court in the case of Sunderbhai ambalal desai Vs State of Gujarat in SLP (Crl.) No.2745 of 2002 reported in 2002 10 SCC 283 in violation of Article 19 (1) (g) of the Constitution of India and against the Principles of Natural Justice Consequently direct the respondents to release the Mahindra XUV300 bearing vehicle No, TS26G9257 in my favour forthwith and to pass.…”

2. Heard Sri K.V.Sudhakar, learned counsel for the petitioner and Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for respondents and with their consent, this writ petition is being taken up for disposal at the admission stage.

3. Learned counsel for the petitioner submits that the petitioner is the absolute owner of a Mahindra XUV300 vehicle bearing Registration No.TS 26 G 9257. The said vehicle was seized in C.O.R. No.301 of 2024 dated 29.07.2024 on the file of the Prohibition and Excise Police, Zaheerabad, Sangareddy District. It is contended that, despite the petitioner’s willingness to furnish third-party surety, the vehicle has been deposited before the Drug Disposal Committee. Learned counsel further submits that the petitioner is not an accused in the said crime and is merely the registered owner of the vehicle. The seizure was affected upon interception on the allegation that contraband substances were transported in the said vehicle. Upon conducting a panchanama, a case was registered under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and it is alleged that 1.62 grams of MDMA was found in the vehicle. It is contended that the petitioner is innocent and has no connection whatsoever with the alleged offence. Petitioner neither participated in the commission of offence nor had knowledge of the commission of the crime. Being owner of the vehicle, the petitioner is seeking interim custody of the vehicle, as its continued retention in the custody of respondent No.3 would lead to deterioration in both its value and mechanical condition. The petitioner is ready and willing to comply with any conditions, including furnishing surety. It is further submitted that the petitioner approached the learned trial Court by filing an application. However, the same was returned on 07.10.2024 with an endorsement that “the property is not produced before this Court and the contraband and conveyance are produced before the Drug Disposal Committee.” It is further submitted that the investigation conducted by the official respondents is in violation of the procedure contemplated under Section 52-A of the NDPS Act.

4. Learned Assistant Government Pleader for Prohibition and Excise on instructions from the Chairman, Drug Disposal Committee (DDC) and the Deputy Commissioner of Prohibition and Excise, Medak Division submits that a case in C.O.R. No.301 of 2024 dated 29.07.2024 was registered under Sections 8 (c) read with 20 (b) (ii) (b) and (c) of the NDPS Act, 1985 by the Assistant Commissioner (Enforcement), Medak, CP Zaheerabad, and BMPP Zaheerabad. It is submitted that the authorities seized a Mahindra XUV300 bearing Registration No.TS-26G-9257 along with 1.62 grams of MDMA and four mobile phones, namely