Sarasam Vikranth Reddy v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY W.P.NO.15643 OF 2019

O R D E R

The case of the petitioner is that he is the owner of the car bearing registration No. TS-10-EG 6666, and that on 21.07.2019 at 00.03 hours, when he reached near Tolli gate, driving the said car, the 5th respondent - Station House Officer, Knowledge City, Panmaktha Raidurgam - Hyderabad, who was conducting drunk-and-drive check, stopped him and subjected him to breath analyzer test and alleged that he is in an inebriated state and seized his car, and that the said car is presently lying at Madhapur Police station in the open space and he was also issued with E- Challan. The grievance of the petitioner is that 5th respondent has no jurisdiction to detain his car. Heard the learned counsel for the petitioner, who submits that this court in identical set of facts and circumstances in W.P.No.2361 of 2019 dated07.02.2019, disposed of the writ petition with the following direction:

"5. Therefore, the petitioner is directed to appear before the 5th respondent with RC Book relating to the said vehicle and also by producing proof of his identity and thereupon the 5th respondent or other official, who has the custody of the vehicle in question, shall release the said vehicle to the petitioner forthwith." Learned Assistant Government Pleader for Home does not dispute the same.

In view of the facts and circumstances of the case, the present writ petition is disposed of directing the petitioner to appear before the 5th respondent with RC Book relating to the said vehicle and also producing proof of his identity, and thereupon the 5th respondent or other official, who has the custody of the vehicle in question, shall release the said vehicle of the petitioner forthwith.

Interlocutory applications pending, if any, shall stand closed. No order as to costs.

----------------------------------------- A.RAJASHEKER REDDY,J DATE:25-07-2019 AVS