Koirivi Raviteja, v. The State Of Telangana, Through S.H.0., Mahabubabad Proh. And Excise Station,

[ 3303 I

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION No: 9304 of 2026 Between:

Koirivi Raviteja, S/o. Shyambabu, Aged 25 years, Occ: Owner of Vehicle, R/o.H.No.12-1O-1, Chaitanya Nagar, Chilukaluripeta Vilage, Nadendla Mandel, Palnadu District, Andhra Pradesh-S22234.

...Petitioner/Owner of Ashok Leyland

Dost bearing Registration No.

AP -39-TT-3752 AND

1. The State of Telangana, through S.H.O., Mahabubabad Proh. and Excise Station, Mahabubabad District, rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

2. The Deputy Commissioner of Proh. and Excise, Warangal Division.

3. The Station House Officer, Mahabubabad Proh. and Excise Station, Mahabubabad District.

... Respondents/Com pla i nant Petition under Section 528 of BNSS R/w 503 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass an order directing the 2nd respondent herein to forthwith release the Petitioner's Ashok Leyland Dost bearing Registration No. AP-39-TT-3752 which was seized in C.O.R No.300/2026 dated 26.04.2026 on the file of Mahabubabad Proh. and Excise Station, Mahabubabad District, by accepting third-party surety for a sum of Rs.25,000/-.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arvapalli Shiva Sainath, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER

THE HC RT FO ATE O TE AN ATH THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PET NN of Date:

Between:

Koirivi Raviteja

...Petitioner

AND The State ofTelangana and two others.

...Respondents

ORD This Criminal Petition has been filed seeking a direction to the Deputy Commissioner of Prohibition and Excise, Warangal Division, Walangal, to release the petitioner's vehicle, namely, Ashok Leytand Dost, bearing Registration No.AP-39-TT-3752, which was seized in C.O.R.No'300 of 2026, dated 26.04.2026, of Prohibition and Excise Station, Mahabubabad.

2.

Heard Mr.A.Shiva Sainath, Ieamed counsel for the petitioner and Mr.Veeramalla Jithendar Rao, leamed Additional Public Prosecutor for the resPondents.

3.

Leamed counsel for the petitioner submitted that the petitioner is the owner of the vehicle, namely, Ashok Leyland Dost, bearing Registration No.AP-39-TT-3752. The petitioner has not committed any offence. However, the petitioner's vehicle was taken into custody by the Excise Police for the offences under Section 3a(e) of the Telangana State Excise Act, 1968 (for short 'TSEA') and Sections 7(A) read with 8(e) of the Telangana State Prohibition Act, 1995 (for short 'TSPA') in C.O.R.No.300 of 2026, on the alleged ground that petitioner along with other accused was transporting black jaggery, alum, and20litres of I.D. liquor 4.

Learned counsel further submitted that the said vehicle is presently in the custody of respondent No.2. Unless the subject vehicle is released, the petitioner will be put to great hardship, as he is eking out his livelihood based on the said vehicle. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, therefore, requested this Court to release the said vehicle. 5.

Per contra, learned Additional Public Prosecutor submitted that the petitioner, without approaching respondent No.2, by submitting an appropriate application for release of the vehicle, has

.) straightaway approached this Court and filed the present Criminal Petition.

6.

By way of reply. learned counsel for the petitioner submitted that, in similar circumstances, this Court disposed of Crl.P.No.8425 of 2024, and the petitioner is also entitled to the same relief.

7 .

Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is the owner of the vehicle, namely, Ashok Leyland Dost, bearing Registration No.AP-39-TT-3752. However, his vehicle is involved in the said crime for the offences under Section 34(e) olthe TSEA and Sections 7(a) rlw 8(e) of the TSPA. It is not in dispute that the vehicle is in the custody of respondent No.2. 8.

Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely, Ashok Leyland Dost, bearing Registration No.AP-39-1'T-3752, on the condition that the petitioner executes a personal bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two sureties to the satisfaction of respondent No.2. The petitioner shall also furnish an

undertaking that he shall not alienate the vehicle or change its physical features. Respondent No.2 shall write to the RTA Authority not to transfer the vehicle in t-avour of any third party without clearance from the Excise Department. Needless to state, the release of the vehicle is subject to the orders that may be passed by respondent No.2 pursuant to the enquiry to be conducted under the provisions of the Prohibition Act.

9.

Accordingly, the criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed.

SD/. A.H.S.GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY'/ OFFICER To,

1. The Deputy Commissioner of Prohibition and Division.

2. The Station House Officer, Prohibition and Excise babad

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

4. One CC to SriArvapalli Shiva Sainath, Advocate [OPUC]

5. Two CD Copies ABK /KA \w

HIGH COURT DATED: 23itt6l2126 HE S'r4 ( ,( o 3 0 JUN 2026 o

ORDER

* ,ai CRLP.No.9304 ot 2026 DISPOSIITI{, OF THE cRIMtNAL PETITIoN Vrn{9.4 L.fi- ,i74"=q