G. Mallesham, v. The State Of Telangana,

THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.35397 of 2017 ORDER:

This Writ Petition under Article 226 of the Constitution of India is filed by the petitioners seeking the following relief: "to declare the action of the respondents 2 & 3 in not releasing the petitioners Tractors & Trailers bearing Nos. AP 07 TD 1303 & AP 07 TD 1302, TS 05 UA 0760 & TS 05 UA 0761 and AP 24 TA 2333 & AP 24 TA 2334 inspite of the petitioner offering to pay the penalty as contemplated under GO Ms 15 dt. 19-022015 is illegal, arbitrary and violative of Article 19 (1) (g) of the Constitution of India and consequently direct the 2nd & 3rd respondents to release the petitioners Tractors & Trailers by collecting penalty as per GO Ms No.15."

2.

I have heard the submissions of the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. I have perused the material record. 3.

The learned counsel for the petitioners would submit that on seizure of the subject vehicles, Crl.M.P.(SR).Nos.CF 1101/17, CF 1102/17 & CF 1103/17 were filed before the Court of the learned Judicial Magistrate of First Class (Special Mobile Court), At Nalgonda, for interim custody of the vehicles, but the said application was returned stating that the property is not produced before the Court. He, therefore, would submit that the facts of the present case are identical to the facts in W.P.No.27998 of 2015 and that, therefore, the relief that was granted to the petitioners in the said writ petition may be granted to the petitioners in the present writ petition.

4.

The learned Assistant Government Pleader would submit that though a crime has been registered, he did not receive any further

MSRM, J W.P.No.35397 of 2017 instructions in the matter. However, the learned counsel for the petitioners would reiterate that he has been instructed to inform the Court that the vehicles are still in the custody of the police authorities. 5.

Accepting the said statement and following the decision of this Court in the earlier writ petition, this Writ Petition is disposed of in terms of the said decision with the following directions: "The petitioners are directed to submit an application for release of the vehicles before the competent authority and the competent authority, within three (03) days from the date of receipt of such application, examine whether the vehicles are used in committing the offence for the first and second time and if so, consider directing release of the vehicles on payment of the prescribed penalty. If, on the other hand, the vehicles are found to have been used in commission of the offence for three or more times, the officer concerned shall consider directing release of the vehicles after deposit of amount in accordance with Rule-12 of G.O.Ms.No.15 dated 19.02.2015 and also on execution of bond along with an affidavit giving consent to produce the seized vehicles as and when required."

Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. ____________________________________ JUSTICE M. SEETHARAMA MURTI Date: 31st October, 2017 Note: Issue C.C. today.

(B/o.) KL

MSRM, J W.P.No.35397 of 2017 THE HON'BLE SRI JUSTICE M.SEETHARAMA MURTI WRIT PETITION No.35397 of 2017 Date: 31st October, 2017 KL