THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.32570 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 3rd respondent in rejecting interim custody of petitioner's vehicle i.e., Mahindra Bolero bearing registration No.AP 36 TA 6163, seized in connection with COR.No.25 of 2022 on the file of 4th respondent, as illegal and arbitrary.
2. Heard counsel for the petitioner, learned Government Pleader for Proh. & Excise appearing for respondents and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Petitioner contends that he is the owner of the subject vehicle i.e., Mahindra Bolero bearing registration No.AP 36 TA 6163, that he engaged one Bhukya Vinod as a driver of the said vehicle for plying the same for commercial purpose, and on the fateful day, he came to know that the 4th respondent seized his vehicle in connection with COR.No.25 of 2022 on the ground that three persons were found transporting the contraband i.e., jaggery of 1180 kgs (59 cartoons each weighing 20 kgs), 20 kgs of alum in one plastic bag, and 20 liters of ID liquor in a can, in the subject vehicle, and the petitioner was arrayed as A4 in the said crime.
4. Petitioner further contends that the said goods were being carried in the vehicle by the driver of the vehicle, without the knowledge of the 2 petitioner, and as such the petitioner had approached the 3rd respondent by making an application seeking interim custody of the vehicle pending further proceedings in the above COR, and that the 3rd respondent without considering the pleas advanced by the petitioner, had simply rejected the application of the petitioner for interim custody and the presumption drawn for rejecting the said application, is also without any basis.
5. Learned Government Pleader appearing for the respondents, on the other hand, submits that the impugned order is an appealable order inasmuch as the subject vehicle was found being used for carrying ID liquor along with jaggery and alum, which are intended for manufacture of ID liquor, which is prohibited in the State of Telangana. Further, the learned Government Pleader has also drawn the attention of this Court to a Full Bench judgment of this Court in Ganesh Traders (Kirana and General Merchants), Dhermapuri, Karimnagar District v. District Collector, Karimnagar and others1.
6. Having regard to the submission made and since the impugned order is an appealable order, though the subject vehicle is involved in COR No.25 of 2022 on the file of the 4th respondent, in the light of the law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai V/s. State of Gujarat2, that no useful purpose would be served, 1 2002(1) ALD 210 = 2002(1) ALT 611 2 (2002) 10 SCC 283 3 if the subject vehicle is retained at the 4th respondent's place, the petitioner is directed to approach the 2nd respondent by filing an appeal as provided under Section 46(2) of the Act seeking interim custody of the subject vehicle, and on such appeal being filed, the 2nd respondent is directed to dispose of the same keeping in view the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal Desai's case (2 supra) within a period of four (04) weeks from the date of filing of the appeal.
7. Subject to the above directions, the Writ Petition is disposed of. No order as to costs.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
_____________________ T. VINOD KUMAR, J 16th August, 2022 gra 4 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No. 32570 of 2022 16th August, 2022 gra