Bhukya Balu v. The State Of Telangana,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH **** WRIT PETITION NO.34339 OF 2015 DATED 18th NOVEMBER, 2015 Between:

Bhukya Balu .. Petitioner and The State of Telangana rep. by its Principal Secretary, Revenue (Excise) Department and others .. Respondents

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.34339 OF 2015

O R D E R

The grievance of the petitioner is as to the seizure of his TATA Ace vehicle bearing registration No.AP-36-TA-9344. This vehicle seems to have been seized pursuant to the confiscation order passed in Cr.No.369/2014/P&E/B2 dated

28.11.2014.

By the said order, the Deputy Commissioner of Prohibition & Excise, Warangal Division, ordered production of the subject vehicle before the Station House Officer, Kodakandla Police Station, within 15 days by the petitioner, failing which the fixed deposit amount of Rs.20,000/- furnished by him was liable to be forfeited.

Learned Assistant Government Pleader for Excise stated on instructions that the said fixed deposit amount has not been forfeited and that the vehicle was in the custody of the Station House Officer, Kodakandla Police Station. She further states that in the event the petitioner makes an appropriate application for release of the vehicle, the same would be considered in accordance with law. In that view of the matter, the writ petition is disposed of permitting the petitioner to make an application to the Deputy Commissioner of Prohibition & Excise, Warangal Division, for release of his vehicle. Upon receipt of such application, the Deputy Commissioner of Prohibition & Excise, Warangal Division, shall consider the same and pass appropriate orders thereon in accordance with law. It would be open to the Deputy Commissioner to order release of the vehicle by imposing such conditions as deemed fit and appropriate by him, including production of the vehicle in future, if warranted. This exercise shall be completed expeditiously.

Pending miscellaneous petitions shall stand closed in the light of this final order. No order as to costs.

______________________ SANJAY KUMAR, J 18th NOVEMBER, 2015 Note: Issue C.C. in two days.

B/o. Svv