Shiva Reddy Murali Mohan v. The State Of Telangana

THE HON' BLE SRI JUSTI CE CHALLA KODANDA RAM W RI T PETI TI ON No.1 0 0 8 7 of 2 0 2 0 ORDER:

Heard learned counsel for the petitioner, and learned Government Pleader for Prohibition & Excise Department.

The petitioner's Maruti Dzire Car bearing Registration No.TS-04-EU5186 was seized by the 3rd respondent - SHO, Khammam Prohibition and Excise Station, Khammam District, on 11.04.2020 on the allegation that the vehicle was used for illegal transportation of liquor. A case in C.O.R.No.55 of 2020 was registered under the provisions of Telangana Excise Act, 1968. Having considered respective submissions, as enquiry is required to be conducted, respondent No.2-Deputy Commissioner of Prohibition and Excise shall release the subject vehicle on the condition of the petitioner furnishing a Fixed Deposit Receipt (FDR) for a sum of Rs.50,000/ - (Rupees Fifty thousand only) with the 2nd respondent. The petitioner shall also furnish an undertaking with the 2nd respondent that he shall not alienate or change the physical features of the vehicle.

The 2nd respondent shall also write to the RTA authority to not transfer the vehicle on any third parties name without clearance from the Excise Department. The release of vehicle is in view of the situation existing on account of COVID-19, and the release shall be subject to the orders that shall be passed by the respondent authorities pursuant to the enquiry to be conducted under the provisions of the Excise Act.

Subject to the above, the writ petition is disposed of. No costs. Miscellaneous petitions, if any pending, shall stand closed. _______________________ CHALLA KODANDA RAM, J 10th July, 2020 KSM

THE HON'BLE SRI JUSTI CE CHALLA KONDANDA RAM W RI T PETI TI ON No.1 0 0 8 7 of 2 0 2 0 10th July, 2020 KSM