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Telangana High Court
Rathod Santhosh vs The State Of Telangana on 15 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.10250 of 2026
DATE: 15.04.2026
Between:
Rathod Santhosh.
...Petitioner
AND
The State of Telangana,
Rep. by its Principal Secretary,
Department of Prohibition and Excise,
Secretariat, Hyderabad and 3 others.
...Respondents
ORDER
This writ petition is filed seeking following relief:
"...to issue writ order or direction especially one in the
Nature of Writ of Mandamus seeking to declare the action
of the Respondent no.3 in not entertaining the Petition
filed dated 10.03.2026, seeking for release of vehicle
under section 46-E of The Telangana Excise Act, 1968 in
Crime No.249 of 2025, dated 14.12.2025 U/s 34(a) of TS
Excise Act, 1968 as being illegal, arbitrary and
unconstitutional and in violation of Articles 19, 21 of the
constitution of India. Consequently, release the Petitioners
vehicle i.e., CB Shine Motor Cycle Bearing Registration
No.TS 01 EL 8430, seized in Crime No.249 of 2025, Dt
14.12.2025 on the file of Respondent No 4 and pass such
other order or orders as this Court may deem fit and
proper in the interest of justice."
2. Heard Sri Narapraju Avaneesh, learned counsel for the
petitioner and Sri M.Arun Kumar, learned Assistant Government
Pleader for Prohibition and Excise, appearing for respondent Nos.1 to
4. Perused the record.
3. The petitioner claims to be the lawful owner of CB Shine Motor
Cycle, bearing registration No.TS 01 EL 8430, Chassis
No.ME4JC65BJJ7106225 ('subject vehicle' for brevity). The said
vehicle was seized in Crime No.249 of 2025, dated 14.12.2025 of
Boath Police Station which was registered for the offence punishable
under Section 34 (a) of TS Excise Act, 1968 (for short "the Act,
1968") alleging that the following liquor bottles were found in the
subject vehicle: 1.Mc Dowells 750 ml each (03) bottles, 2.Mc Dowells
180 ml each (10) bottles, total (13) bottles and its total quantity if
4.050 litres and seized the same.
4. Learned counsel for the petitioner would submit that the
petitioner is the owner of the vehicle and if the vehicle is not released,
he would be put to irreparable loss. He submits that if the vehicle is
exposed to air, sun and rain, there is every possibility of the vehicle
getting damaged and hence, seeks interim custody of the vehicle.
5. The Hon'ble Apex Court in Bishwajit Dey v. State of Assam
(Criminal Appeal No.87 of 2025) held as follows:
(IF THE VEHICLE IN THE PRESENT CASE IS KEPT
IN THE CUSTODY OF POLICE TILL THE TRIAL IS
OVER, IT WILL SERVE NO PURPOSE)
34. This Court is also of the view that if the Vehicle in the
present case is allowed to be kept in the custody of police
till the trial is over, it will serve no purpose. This Court
takes judicial notice that vehicles in police custody are
stored in the open. Consequently, if the Vehicle is not
released during the trial, it will be wasted and suffering the
vagaries of the weather, its value will only reduce.
35. On the contrary, if the Vehicle in question is released,
it would be beneficial to the owner (who would be able to
earn his livelihood), to the bank/financier (who would be
repaid the loan disbursed by it) and to the society at large
(as an additional vehicle would be available for
transportation of goods).
6. Further, in Sunderbhai Ambalal Desai v. State of Gujarat,1 the
Hon'ble Apex Court has laid down that in case of vehicle seized
during investigation, it should not be allowed to deterioration and kept
1 (2002) 10 SCC 283
unused and unattended in the premises of the Police Station.
Therefore, the vehicle has to be entrusted to the interim custody of the
petitioner subject to certain conditions.
7. Since there is no dispute with regard to the ownership of the
vehicle and having regard to the principles laid down by the Hon'ble
Apex Court in the decisions stated supra, this Court is inclined to
grant interim custody of subject vehicle i.e., CB Shine Motor Cycle,
bearing registration No.TS 01 EL 8430 which was seized in Crime
No. 249 of 2025, dated 14.12.2025 on the file of Boath Police Station,
in favour of the petitioner on the following conditions:
(i) The petitioner shall furnish a surety in the
form of Fixed Deposit Receipt for a sum of
Rs.10,000/- (Rupees Ten thousand only) to
respondent No.2.
(ii) The petitioner shall give an undertaking that
he will not alienate the subject vehicle or create
any third party rights in any manner and will
maintain the vehicle in the same good roadworthy
condition without changing its major parts and
features.
(iii) The petitioner shall produce original
Registration Certificate of the subject vehicle at
the time of release of the vehicle to respondent
No.2.
(iv) The petitioner shall produce the subject
vehicle before the respondent authorities as and
when required.
(v) The said authority is directed to communicate
to the concerned Road Transport officer that the
vehicle is involved in crime so as to ensure that no
further transaction would be conducted with
regard to the subject vehicle.
(vi) After release, if the petitioner's subject
vehicle is involved in similar offence, the
respondents are entitled to file an appropriate
application seeking for custody of the said
vehicle.
8. Accordingly, the Writ Petition is disposed of. However, there
shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
____________________________
JUSTICE E.V.VENUGOPAL
15.04.2026
dgr
