Mohd. Osman v. The State Of Telangana

THE HON'BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.10483 of 2019 ORDER:

The petitioner seeks release of his vehicle viz., Lorry bearing No.AP-10V-5769 that was seized by the 3rd respondent for the offence under Section 270, 273 of IPC and Sections 7(2), 20(2) of Cigarette and Tobacco Act, 2003 and Section 34(3) of the Telangana Excise Act, registered as Crime No.59 of 2009 of Sirpur-T Police Station, Adilabad District, for alleged transportation of white jaggery. At the hearing, learned counsel for both the sides submit that the subject matter is covered by the orders passed by this Court in W.P.No.14632 of 2018, dated 30.04.2018 and therefore similar orders may be passed in this writ petition as well.

This Court, by order dated 30.04.2018 in W.P.No.14632 of 2018, disposed of the writ petition by observing as under:

4. Accordingly, there shall be a direction to the 2nd respondent to release the petitioner's vehicle viz., Hero Honda Splendor bearing Registration No.AP-01-F-5941, subject to condition of the petitioner depositing Rs.5,000/ - (Rupees five thousand only) in favour of the 2nd respondent by w ay of a Fixed Deposit Receipt aforestated shall be subject to the final orders in the proceedings initiated in Crime No.62 of 2017 on the file of the Bheemini Police Station, Adilabad District.

5. The Writ Petition is disposed of accordingly. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs.

In view of the submission made, this writ petition is also disposed of directing the 2nd respondent to release the vehicle viz., Lorry bearing No.AP-10V-5769, subject to condition of the petitioner depositing

Rs.5,000/- (Rupees Five thousand only) in favour of the 2nd respondent by way of a Fixed Deposit Receipt aforestated shall be subject to the final orders in the proceedings initiated in Crime No.59/2019 of Sirpur-T Police Station, Adilabad District. No costs. Miscellaneous petitions, if any pending, shall stand closed.

_____________________ CHALLA KODANDA RAM, J 22nd May, 2019 ksm

THE HON'BLE SRI JUSTI CE CHALLA KODANDA RAM WRI T PETI TI ON No.10483 of 2019 22nd May, 2019 ksm