Mohd.Shoeb Ali Omrez, vs The State Of Telangana And 2 Others
2023 Latest Caselaw 675 Tel

     THE HON'BLE MRS JUSTICE SUREPALLI NANDA

                  W.P. No. 3041 of 2023


ORDER:

Heard the learned Counsel for the Petitioner and

the learned Government Pleader for Prohibition and

Excise.

2. The Present Writ Petition is filed to issue Writ, order or

direction especially one in the nature of Writ of Mandamus,

declaring the action of 2nd respondent, in not releasing the

petitioner's contract carriage bus bearing No.AR 01 T 7053

seized in Crime (COR) No.13 of 2023 inspite of readiness of

the petitioner to furnish third party surety is illegal and

arbitrary and consequently direct respondents 2 and 3 to

release the petitioner's contract carriage bus bearing No. AR

01 T 7053.

PERUSED THE RECORD

3. The contentions put forth by the counsel for the

petitioner are as follows:

a) The petitioner is the owner of contract carriage Bus

bearing No. AR 01 T 7053, it is of 2015 model.

b) The tax is paid for the vehicle and all the documents of

the vehicle are valid.

c) The vehicle has got valid All India Tourist permit to

operate the same in entire India.

d) On 30.01.2023 when the vehicle is coming from Goa to

Hyderabad with tourist party the same is stopped and

checked by the 4th respondent at Kamkola Toll Plaza when it is

being operated by driver.

e) And they found around 8 to 10 liquor bottles of different

brands (non-duty paid liquor) from the luggage of the

passengers, who are travelling in the bus.

f) The 3rd respondent however, drafted the panchanama

by showing 31 bottles of different brands of liquor as found in

the vehicle, and registered a Crime (COR) No.13 of 2023

under Section 34(a) of Telangana Excise Act, 1968 against the

driver and cleaner of the vehicle and now the vehicle is in the

custody of the 3rd respondent Police Station.

g) The specific case of the petitioner is that the crime

is registered against the driver and cleaner and the

vehicle is seized by falsely alleging that the driver and

cleaner are transporting the said liquor bottles with an

intention to sell the same at Hyderabad to get the

profits without the knowledge of the owner.

h) The petitioner requested the 3rd respondent to

release the petitioner's vehicle by narrating all the

facts, but he refused to release the petitioner's vehicle

and a case is registered under Section 34(a) of the T.S.

Excise Act.

4. The main grievance of the petitioner is that

through the said seizure, the petitioner's vehicle is

lying in the premises of the 3rd respondent which is

exposed to natural calamities and if the same is kept

idle, there is every chance that the vehicle would get

damaged, the petitioners business would be affected.

5. Learned counsel for the petitioner places reliance

on the judgments listed below:

a) Order dated 27.12.2022 passed in W.P.No.45414 of 2022.

b) Order dated 26.12.2017 passed in W.P.No.44088 of 2017.

c) Order dated 03.06.2020 in I.A.No.1 of 2010 in W.P.No.7485 of 2020.

d) Order dated 22.01.2021 passed in W.P.No.1354 of 2021.

6. The learned counsel appearing on behalf of the

respondents does not dispute the passing of orders by

this Court in similar circumstances in favour of the

petitioners thereunder.

7. A bare perusal of the contents of the panchanama

clearly indicate that the owner is not in any way

concerned with the seizure of the vehicle and the said

fact is even established in the enquiry and the said fact

also finds place in the confession statements recorded

in the panchanama, dated 30.01.2023.

8. Taking into consideration all the above referred

facts and circumstances and also the view taken by this

Court in judgment dated 27.12.2022 passed in

W.P.No.45414 of 2022 and also the view taken by this

Court in the other judgments of this Court, in cases

referred to above in identical circumstances, which is

not disputed by the learned counsel appearing on

behalf of the respondents, the 2nd respondent is

directed to forthwith release the petitioner's contract

carriage bus bearing No.AR 01 T 7053 seized in Crime

(COR) No.13 of 2023 on condition of the petitioner

furnishing security for a sum of Rs.1,00,000/- (Rupees

one lakh only) in the form of fixed deposit receipt. The

petitioner shall also furnish an undertaking that he will

not alienate or change the physical features of the

vehicle. Respondent No.2 shall address a letter to the

RTA Authority not to transfer the vehicle in favour of

any third party without clearance from the Excise

Department. The release of the vehicle is subject to

further orders that may be passed by the respondents

pursuant to enquiry to be conducted under the

provisions of the Excise Act.

9. The writ petition is accordingly, disposed of. However,

there shall be no order as to costs.

Pending miscellaneous applications, if any, pending shall

stand closed.

_________________ SUREPALLI NANDA, J Date:09.02.2023 kvrm