Batta Sandeep v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 1795 of 2019

O R D E R

Petitioner asserts that he is the owner of vehicle i.e., Tata ACE Magic Passenger auto bearing No.AP-24-TV-0321; that respondent No.3 - Station House Officer, Venkatapuram Police Station, Jayashankar Bhupalpally District, seized the said vehicle on the ground that there is a violation of the provisions of the Telangana Excise Act (for short, 'the Act'); that in spite of his approach, respondent No.3 is not releasing the subject vehicle. In the circumstances, he approached this Court by way of filing this Writ Petition.

2.

Learned Government Pleader for Home submits that without there being any permit and licence, there was transportation of black jaggery and 10 litres of ID liquor in the subject vehicle. He further submits that a case has already been registered and the matter requires further investigation and enquiry. He also submits that in terms of Section 34 of the Act, the Deputy Commissioner of Excise is the authorised Officer to adjudicate upon the matter, as such, the petitioner may approach the said authority seeking release of the subject vehicle. 3.

In those circumstances, the Writ Petition is disposed of giving liberty to the petitioner to approach the Deputy Commissioner of Excise-respondent No.2 under Section 34 of the

CKR, J W.P.No.1795 of 2019 Act and seek interim custody of the subject vehicle, pending adjudication of the main case. As and when such application is made, the Deputy Commissioner shall consider the same as early as possible as keeping vehicle idle would not enure to the benefit of anyone as held by the Hon'ble Supreme Court in a catena of judgments. No order as to costs.

4.

Miscellaneous Applications, if any pending in this writ petition, shall stand closed.

________________________ CHALLA KODANDA RAM, J 31st January 2019 sj