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High Court for State of TelanganaWP/4559/2019disposed of no costs

Soor Devaiah , Devadas v. The State Of Telanagana

2019-03-06Challa Kodanda Ram1 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM W.P.No.4559 of 2019

ORDER

This writ petition is filed seeking to declare the action of the 2nd respondent in not releasing the petitioner's vehicle i.e., auto bearing No.TS 23T 2944 seized in connection with C.O.R.No.11 of 2019 on the file of Prohibition and Excise Police Station, Yellareddypet, Rajanna Sircilla (Karimnagar) District, as illegal and arbitrary. 2.

The vehicle of the petitioner was seized on the ground that he was transporting ID liquor in violation of the conditions. The particulars of property seized are mentioned in Col.No.7 of the crime and occurrence report. They are, Knock Out beers (48) 650 ml, MC. Dowell No.1 (10) 375 ml, MC. Dowell No.1(15) 180 ml. 3.

In view of large quantity of the contraband seized and as there is material on record that the petitioner alleged to have indulged in excise offences, I am not inclined to grant the relief sought for by the petitioner. However, as there is remedy available under Section 34 of the Telangana Excise Act, the petitioner is at liberty to make application before the 2nd respondent-Deputy Commissioner, Prohibition and Excise. On receipt of the said application, the 2nd respondent may consider release of the vehicle specifying the security deposit and other requirements.

4.

With the above direction, the Writ Petition is disposed of. No order as to costs. Miscellaneous Petitions, if any pending in this writ petition, shall stand closed.

________________________ CHALLA KODANDA RAM, J 6th March, 2019 sj