S. Santhosh Kumar v. The State Of Telangana,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 454 of 2019 O R D E R :

Heard learned counsel for the petitioner and learned Government Pleader for Prohibition and Excise. The present Writ Petition is filed declaring the action of the 2nd respondent in not releasing the petitioner's vehicle (TATA INDIGO) bearing Registration No. AP 29 L 1577, seized in connection with COR No. 156 of 2018 on the file of the 3rd respondent police station, as illegal and arbitrary. Today, it is brought to the notice of this Court that the issue involved in the Writ Petition is squarely covered by the Order dated 20.12.2017 in Writ Petition No. 42679 of 2017, a copy of which is placed on record.

In view of the said order and for the reasons alike, this Writ Petition is also disposed of directing the petitioner to make an Application before the 2nd respondent - Deputy Commissioner of Prohibition and Excise, seeking release of the vehicle bearing Registration No. AP 29 L 1577, enclosing thereto a fixed deposit receipt for the value of Rs.50,000/- (Rupees fifty thousand only) from any nationalized bank, and on such an Application being made, if it is the first offence in which the vehicle is involved, the interim custody of the vehicle shall be handed over to the petitioner, on production of original R.C. Book and on his furnishing an undertaking that he will not transfer or alienate the vehicle to third party, in any manner, and will not encumber or alter the physical features of the vehicle and will produce the same

as and when directed before any Court or competent authority, till the criminal proceedings are completed. No costs. Consequently, the miscellaneous Applications, if any shall also stand closed.

____________________________ CHALLA KODANDA RAM, J 04th January 2018 ksld