Kesapati Yesurathnam v. State Of Telangana

[3251 1

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:406 7 0F 2023 Between:

Kesapati Yesurathnam, , S/o. Chiranji, Aged about 46 years, Occ. owner of the vehicle bearing No. TS 04 UD 9399 R/o. H.No. 1-1-91, Eerlapudi, Raghunadhapalem, Khammam District.

...PETITIONER/ACCUSED Owner of the Vehicle AND 1 . State of Telangana, Represented by its Public Prosecutor, High Court for Telangana at Hyderabad.

2. The Deputy Commissioner of Prohibition, and Excise, Khammam, Khammam District.

3. The Station House Officer,, Singareni Prohibition and Excise Station, Khammam District.

...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to directing the 2nd respondent forthwith release the Petitioners Ashok Leyland LMV Dost Vehicle bearing No. TS 04 UD 9399 involved in COR No. 21 of 2023 dated. 2SlO3l2O23 on the file of the Singareni Prohibition and Excise Station, Khammam District in spite of readiness to furnish the third party surety value of Rs.25,0001 before the 2nd Respondent.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri LAXMAIAH KANCHANI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No. I and none appeared for the Respondent No. 2 & 3. The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.4O67 OF 2o.23 ORDER:

This Criminal Petition is filed to direct the 2nd respondent to release the petitioner's Ashok Leyland LMV Dost Vehicle bearing Registration No.TS-04-UD-9399 involved in COR No.21 of 2023 on the file of Singareni Prohibition and Excise Station, Khammam District, registered for the offence under Section 7(A) read with Section 8(e) ol' the Telangana State Prohibition Act, 1995 and Section 34(e) of Telangana Excise Act, in spite of his readiness to furnish sureties.

2. Hexd the learned counsel for the petitioner and the learned Public Prosecutor for the respondent State.

Perused the record.

3. The case of the petitioner is that he is the registered owner of the Ashok Leyland LMV Dost Vehicle bearing Registration No.TS-04-UD-9399 and the said vehicle is being using for his livelihood and day to day activities. He further submits that the 3rd respondent se2ed the said

i r vehicle on the ground that he is illegally transporting black jiggery, alum and 2O liters of ID Liquor.

4. karned counsel for the petitioner would submit that the vehicle in dispute was purchased by him. In proof of the same, he has frled copy of certificate of registration. By referring the same, learned counsel for the petitioner would submit that an amount of Rs.25,000/- could be the reasonable amount towards security deposit for releasing of the vehicle.

5. Considering the fact that the petitioner is only using his vehicle for his livelihood and day to day activities, the vehicle cal be released subject to further proceedings under the Excise Act, on certain terms.

6. Accordingly, the Criminal petition 1S disposed of, directing the 2nd respondent to release the vehicle i.e., Ashok Leyland LMV Dost Vehicle bearing Registration No.TS-O4-UD-9399 subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for an amount of Rs. 1,0O,OOO/- (Rupees On Lakh only) in favour .l I

of the 2nd respondent. The petitioner shall also furnish an undertaking that he u,ill not alienate or change the features of the vehicle. The 2nd 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 2nd respondent authority pursuant to the enquiry to be conducted under the provisions of the Prohibition Act.

Miscellaneous Petitions, if any, pending, shall stand closed.

:

Sd/. L.SIVA PARVATHI ASSrsrAzEEGrsrRAR /iTRUE COPY// SECTION OFFICER To,

1. The Deputy Commissioner of Prohibition, and Excise, Khammam, Khammam District.

2. The Station House Officer,, Singareni Prohibition and Excise Station, Khammam District.

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad (OUT).

4. One CC to SRl. LAXMAIAH KANCHANI, Advocate [OPUC]

5. Two CD Copies kk

HIGH COURT DATED:21 10412023 l I :\ l ^.\ i

ORDER

I i ii,i\( ?l2l t CRLP.No.4067 of 2023 t I DISPOSINC OF TIIE CRIMINAL PETI ION \^^ g)