Ajmeera Ravi v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY ,THE SIXTEENTH DAY OF DECEIVBER TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 20350 OF 2020 Between:

Ajmeera Ravi, S/o. Chandrunayak, Age.32yrs, Occ. Cooly, R/o. H.No.4-176, Pedda Thundla, Village, Malharrao Mandal, Karimnagar District, State of Telangana. ...PETITIONER AND

1. The State of Telangana, Rep, by its Principal Secretary, Home Department, Secretariat at Hyderabad.

2. The Deputy Prohibition and Excise, Commissioner Office of at Karimnagar District.

3. The Station House Officer, Pro and Excise Office of lt4anthani, Karimnagar District ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondent No. 2 in not releasing Petitioner IVotor Cycle Vehicle bearing Registration No TS 2580055, CB SHINE WF DRUM BK S&ES Chassis Number IVE4JC65AGJTI 1037, Engine Number. JC66ET2172342 in connection with C.O.R. NO. 145 oI 2020 dt. 11.09.2020 on the file of 3rd respondent as illegal, arbitrary and unfair and consequently direct the respondents to release the lr/otor Cycle Vehicle bearing registration No. TS 2580056 into the interim custody of the Petitioner.

lA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.2 herein to forthwith release the Petitioner lVlotor Cycle Vehicle bearing Registration No TS 2580055, CB SHINE WF DRUIV BK Sand ES Chassis Number |VE4JC65AGJT11037, Engine Number. JC66ET2172342 into the interim custody of the petitioner in connection with C.O.R. No. '145 o'f 2020 dt. 11.09.2020 on the file of 3rd respondent, pending disposal of the Writ Petition. Counsel for the Petitioner : SRI BHANOTHU HUSSAIN Gounsel for the Respondent No.1: AGP FOR HOME Counsel for the Respondent Nos,2 & 3: AGP FOR PROHIBITION AND EXCISE The Gourt made the following: ORDER

-2HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.2O35O of 2O2O ORDER:

Heard learned counsel for petitioner, learned Assistant Government Pleader for Prohibition and Excise and learned Assistant Government Pleader for Home.

2.

This writ petition is filed praying to direct respondents to release the CB Shine WF Drum BKS&ES bearing registration No.TS 25 B 0055 which was seized on the allegation of i1lega1 transportation of I.D.liquor.

3.

According to State Government, producing illicit liquor and its distribution is prohibited. According to the State, consumption of liquor is per se harmful to health of a person and consumption of spurious liquor is more harmful and can result in instantaneous death. The officials in their endeavour to thwart any attempt to manufacture illicit liquor, seize the commodities and vehicles involved in illegal transportation. After seizure of the vehicles, confiscation proceedings are taken up and if the allegations are proved, the vehicle can be confiscated.

4.

The Telangana Prohibition Act, i995 and The Telangana Excise Act, 1968 regulate all aspects of liquor in the State of Telangana, including manufacture, distribution and consumption. 5.

By placing reliance on several decisions of this Court, learned counsel for petitioner prayed to allow the writ petition directing the respondents to release the vehicle subject on deposit

-3 of an amount of <. 10,00p/ - and compliance of further directions issued by this court in several writ petitions. 6.

The statement of learned counsel for petitioner that similar matters are disposed of with conditions, including furnishing fixed deposit/bank guarantee as the case may be, is not disputed by the learned Assistant Government Pleader. However, he only emphasises that higher amount of fixed deposit should be directed to be furnished by the petitioner before seeking to release the vehicle. He further submits that the competent authority to deal with confiscation proceedings is Deputy Corpmissioner and he alone is competent to release the vehicle pending completion of conliscation proceedings. He therefore submits that direction be given to the petitioner to file application before the Deputy Commissioner praying to grant interim custody of the vehicle. 7.

Having regard to the consistent view taken by this Court, this Court on similar issue, passed detailed orders in W.P. Nos. 14801 and 1481 1 of 2O2O dated 8.9.2020. Following the same, this writ petition is disposed of with following directions: (i) Petitioner is granted liberty to file application to the Deputy Commissioner (2"d respondent), to grant interim custody of the vehicle.

(ii) If such application is filed, pending final orders to be passed in confiscation proceedings, the 2"d respondent is directed to release CB Shine WF Drum BKS&ES bearing registration No.TS 25 B 0055 on petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of {.10,000/- (Rupees Ten thousand on\,), -.

-4 (iii) Petitioner is further directed not to encash the fixed deposit or create lien or mortgage on the fixed deposit till the conclusion of confiscation proceedings.

(i") The petitioner sha11 produce original R.C. Book of the vehicle at the time of seeking release of the vehicle. (v) Petitioner shall furnish undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features. (vi) Petitioner should produce the vehicle as and when directed by the concerned Court or competent authority. No costs. Miscellaneous petitions, if any pending, stand closed.

SD/.I.NAGALA MI ASSISTAN T REG RAR ,TRUE COPY// SECTI N OFFICER To, '1 . The Principal Secretary, Home Department, State of Telangana, Secretariat at Hyderabad.

2. The Deputy Prohibition and Excise, Commissioner Office of at Karimnagar District.

3. The Station House Officer, Pro. and Excise Office of Manthani, Karimnagar District

4. One CC to Sri Bhanothu Hussain, Advocate [OPUC]

5. Two CCs to GP for Home, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two'CCs to GP for Prohibition and Excise, High Court for the State of Telangana at Hyderabad (OUT)

7. Two CD Copies SM .J*- \

HIGH COURT DATED:1611212020

ORDER

oF lHE sI4 WP.No.20350 of 2020 DEC2M )'

z oo tr * \ * .;,o DISPOSING OF THE WP c \'), WITHOUT COSTS