Vankdoth Jagan v. The State Of Telangana And 2 Others

[ 32s1 ] HIGH COURT FOR THE STATE OF TELANGANA THURSDAY ,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER cRIMINAL NO: 104 OF 2023 Between:

about 35 years, Occ. Coolie, (OWner of The da, Dornakal Mandal, Mahabubabad DistrictVankdoth Jagan, S/o. Hatya, Aged Vehicle TS 26 E 4980) Somla Than 506101.

...PETITIONER/Owner of the Vehicle AND

1. The State of Telangana, Rep.by its Public Prosecutor, High Court for State of Telangana at Hyderabad.

2. The Deputy Commissioner of Prohibition and Excise, Warangal, Warangal District.

3. The Station House Officer, Prohibition and Excise, Mahabubabad Mandal, Mahabubabad District.

...RESPONDENTS/RESPONDENTS/DEFACTO COM PLAINANT Petition under Section 482 o'f Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to directing the 2nd Respondent forth with to release the Petitioner Two wheeler Honda Activa 6G bearing Registration No. TS 26E 4980, Chassis No.IVE4JF914CLGO81004, Engine No.JF91EG1080917, in the COR No.360 of 2022, on the file of Mahabubabad Prohibition and Excise Station, Mahabubabad District in spite of readiness to furnish the third party surety value of Rs.5,0001 before the 2nd Respondent.

l.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with certified copy of C.O.R. lN Cr. No. 360 of 2022, dated 12.12.2022 on the file of The Station House Officer, Prohibition and Excise, Mahabubabad. before this Court.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B BALAJI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondents.

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.1O4 OF 2023 ORDER:

i This Criminal Petition is filed to direct the 2nd respondent to release the petitioner's vehicle i.e., Two Wheeler Honda Activa I bearing Registration No.TS 26 E 4980 seized in C.O.R.No.360 of 2022 on the file of Prohibition and Excise Police Station Mahabubabad, Mahabubabad District, filed for the offences under Sections 7(A) read with B(e) of the Telangana Prohibition Act, 1995 and, in spite of his readiness to furnish sureties. 2.

Heard the learned counsel for the petitioner and the learned Public Prosecutor for the respondent - State. Perused the record. 3.

The case of the petitioner is that he is the registered owner of the vehicle i.e., Two Wheeler Honda Activa bearing Registration No.TS 26 E 4980 and he is using the said vehicle for his livelihood and day to day works. He further submits that the 3'd respondent i seized the said vehicle on the ground that the said vehicle was found transporting 10 liters of I.D. liquor . I J

4. Learned counsel for the petitioner would submit that the vehicle in dispute of the year 2022. In proof of the same, he has filed copy of certificate of registration. The contraband seized was 10 liters of I.D. liquor. By referring the same, Iearned counsel for the petitioner would submit that an amount of Rs.5,000/- could be the reasonable amount towards security deposit for releasing of the vehicle.

5.

Considering the fact that the petitioner is only using his vehicle for his livelihood and day to day works, the vehicle can be released subject to further proceedings under the Excise Act, on certain terms.

6.

Accordingly, the Criminal petition is disposed of, directing the respondents to release the vehicle i.e., Two Wheeler Honda Activa bearing Registration No.TS 26 E 4980 seized in C.O.R.No.360 of 2022 on the file of Prohibition and Excise Police Station, Mahabubabad District, subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for an amount of Rs.20,000/- (Rupees Twenty thousand only) in favour of the 2nd respondent. The petltip&er shall also furnish an undertaking that

r he will not alienate or change the physical features of the vehicle. .!

The 2nd respondent shall write to the RTA authority not to transfer the vehicle in favour of any third party without clearance from the Excise Department. Needless to Sdy, release of the vehicle is subject to the orders that shall be passed by the 2nd respondent authority pursuant to the enquiry to be conducted under the provisions of the Prohibition Act. No order as to costs. Miscellaneous Petitions, if any, pending, shall stand closed. Sd/. L. SIVA PARVATHI ASSISTANT REGISTRAR //TRUE COPYII 6D SECTION OFFICER To, t I

1. The Judicial First Class Magistrate at Mahabubabad.

2. The Station House Officer, Prohibition and Excised Police Station, Mahabubabad Mandal, Mahabubabad District.

3. Two CC to the Plblic Prosecutor, High Court for the State of Telangana at Hyderabad.IOUTJ

4. One CC to Sri B.Balaji, Advocate [OPUC]

5. Two CD Copies BJLBf vH i\-

HIGH COURT J KS DATED:0510112023 TA l vtE e'

ORDER

[ ] rEB ?u3 r) t CRLP.No.104 of 2023 * CRIMINAL PETITION IS DISPOSED OF oq b- )* \