Mohd. Shabbir v. The State Excise Commissioner Of Abkari Bhavan

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.11156 OF 2019 Date:20.06.2019 Between:

Mohd. Shabbir S/o.Mahabub Ali, Aged about 37 yrs, Occu : Business, R/o.H.No.11-21-740, NTR Nagar, L.B.Nagar, Saroor Nagar, Ranga Reddy District, Telangana .....Petitioner and The State Excise Commissioner of Abkari Bhavan, M.J.Road, Old Kattal Mandi, Nampally, Hyderabad & others.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.11156 OF 2019 ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle i.e., Chevrolet Enjoy bearing registration No.TS08-UB-6037. Petitioner alleges that his vehicle was seized by the 2nd respondent on the allegation of illegal transportation of black jaggery, alum and I.D.liquor.

2.

Heard learned counsel for petitioner and the learned Government Pleader for Prohibition and Excise for respondents. 3.

The counsel on both sides state that the issue involved in this writ petition is covered by the decision of this Court in W.P.No.44088 of 2017, dated 26.12.2017.

4.

Following the earlier orders of this Court, this Writ Petition is also disposed of, directing the 3rd respondent to release the said vehicle to the petitioner, subject to final orders to be passed in the criminal proceedings, and on petitioner furnishing a fixed deposit of Rs.1,50,000/- (Rupees One Lakh Fifty thousand only) from any nationalized Bank in favour of 3rd respondent, and also on production of original RC Book and on petitioner further giving an undertaking that he will not transfer or alienate the vehicle to any third party in any manner and will maintain the vehicle in the same good road-worthy condition without changing its major parts and features, and would produce the same as and when directed to be produced before the competent authority. Further, this order

does not come in the way of continuation of confiscation proceedings. Pending miscellaneous petitions shall stand closed. __________________ P.NAVEEN RAO,J 20th June, 2019 Rds