Bandi Krishna v. The State Of Telangana

THE HONOURABLE SRI JUSTICE K.LAKSHMAN WRIT PETITION No.3582 OF 2021 ORDER:

This Writ Petition is filed to declare the action of the second respondent in not directing the third respondent to release the vehicle of the petitioner i.e., Ashok Leyland Dost Truck Jeep bearing No.TS-02-UB-6274 seized in Crime No.33 of 2021 dt.03.02.2021, as illegal and arbitrary, and consequently, direct the 2nd respondent to order for release of the vehicle to the petitioner. The petitioner is accused No.2 in the said crime. The offence alleged against him is under Section 34(E) of Telangana State Excise Act, 1968.

Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. The case of the petitioner is that he is the registered owner of the vehicle i.e., Ashok Leyland Dost Truck Jeep bearing No.TS-02UB-6274, which is of the year 2016 make and eking out his livelihood from the income derived from the said vehicle. He further submits that the 3rd respondent seized the said vehicle on the ground that the vehicle is used in transporting the black jaggery.

Learned counsel for the petitioner would submit that the vehicle in dispute is of the year 2016 make and it is a goods carriage-Light Motor Vehicle. In proof of the same, he has filed copy of the registration certificate. The contraband seized was about 16 quintals and 91 kgs. of jaggery and 25 kgs. of Alum. By referring the same, learned counsel for the petitioner submit that

an amount of Rs.1,50,000/- could be the reasonable amount towards security deposit for releasing of the vehicle. Considering the fact that the petitioner is only transporting the goods in the course of his business and that he is eking out livelihood by running his vehicle, the vehicle can be released subject to further proceedings under the Excise Act, on certain terms.

The Writ Petition is accordingly, disposed of directing the respondents to release the vehicle i.e., Ashok Leyland Dost Truck Jeep bearing No.TS-02-UB subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for Rs.1,50,000/- (Rupees One lakh Fifty thousand only) in favour of the second respondent. The petitioner shall also furnish an undertaking that he will not alienate or change the physical features of the vehicle. The second 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 say, release of the vehicle is subject to the orders that shall be passed by the second respondent authority pursuant to the enquiry to be conducted under the provisions of the Excise Act. No order as to costs. Miscellaneous Petitions, if any, pending, shall also stand closed.

__________________ K. LAKSHMAN, J Date: 19.02.2021 dv