Telangana High Court
Banoth Lachiram vs The State Of Telangana on 25 March, 2022
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.15286 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of
the 2nd respondent in not directing the 3rd respondent to release Two Wheeler
Vehicle bearing Registration No.TS 26 A 5211, seized in connection with Crime No.35
of 2022 on the file of Dornakal Police Station, in spite of readiness of the petitioner
to furnish the third party surety, as illegal, arbitrary and unconstitutional.
2. Heard counsel for the petitioner, learned Government Pleader for Excise
appearing for the 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 vehicle and on the day when
the said vehicle was seized by the respondents-authorities as being involved in illegal
transportation of ID, he is going to his fields on the said vehicle, whereupon the
respondents have registered a case in Crime No.35 of 2022 on the file of Dornakal
Police Station; and that the petitioner is willing to furnish a third party security to the
extent of the value of the vehicle and in spite of the readiness expressed by him, the
respondents, in particular the 2nd respondent, is not directing the 3rd respondent to
release the said vehicle and the said action of the respondents-authorities in seizing
the vehicle and keeping it in open space, resulting in damage to the said vehicle, is
contrary to the judgment of the Hon'ble Supreme Court in Sunderbhai Ambalal
Desai V/s. State of Gujarat1.
(2002) 10 SCC 283
4. Learned Government Pleader, on the other hand, submits that in terms of the
provisions of Section 46 of the Telangana Excise Act, 1968 (for short, 'the Act'), the
petitioner can approach the respondents-authorities, in particular the 2nd
respondent, and make an application seeking release of the vehicle, which would be
considered by the said authority.
5. Learned Government Pleader has also brought to the notice of this Court a
similar order passed in W.P.No.14663 of 2020, dated 03.09.2020, wherein this Court
directed the petitioner therein to approach the 2nd respondent, i.e. the Deputy
Commissioner, by making an application and on such application being made,
directed the said authority to consider the said application within a time frame.
6. Since in the present case the petitioner is similarly situated and for the
reasons alike as were stated in the order dated 03.09.2020 passed in W.P.No.14663
of 2020, the petitioner is directed to approach the 2nd respondent by making an
application under Section 46 of the Act seeking release of two wheeler vehicle
bearing registration No.TS 26 A 5211 seized in connection with Crime No.35 of 2022
on the file of Dornakal Police Station, and on such application being filed seeking
release of the subject vehicle, the said authority shall consider and dispose of the
same in accordance with law, as expeditiously as possible, preferably within a period
of two weeks from the date of receipt of the application.
7. Subject to the above, the Writ Petition is disposed of.
8. Miscellaneous petitions, if any, pending in this writ petition shall stand closed.
No order as to costs.
___________________
T. VINOD KUMAR, J
Date:25.03.2022
GJ
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No. 15286 of 2022
25.03.2022
GJ
