M. Santhosh Kumar v. The State Of Telangana

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 11.06.2019 Between:

M.Santhosh Kumar, s/o.Mogilipaka Yadaiah, Aged about 28 years, occu:Business, r/o. H.no.3-76, Indriyala, Pochampally, Yadadri Bhongir District.

.....Petitioner and The State of Telangana, rep.by its Prl.Secretary, Prohibition and Excise Department, Secretariat Buildings, Hyderabad and others.

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This Writ Petition is filed praying to direct the respondents to release the vehicle i.e., Toyota Qualis bearing No.AP-28-AG-6070 Petitioner alleges that his vehicle was seized by the 3rd respondent on the allegation of illegal transportation of liquor bottles for selling it for higher price. Petitioner claims to have purchased the said vehicle in the year 2002.

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 2nd 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  75,000/- (Rupees seventy five thousand only) from any nationalized Bank in favour of 2nd 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. __________________________ JUSTICE P.NAVEEN RAO Date: 10.06.2019 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 11.06.2019 kkm