Telangana High Court
Mahade Amol vs The State Of Telangana on 18 December, 2020
Author: P.Naveen Rao
Bench: P.Naveen Rao
HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.23130 of 2020
Date: 18.12.2020
Between:
Mahade Amol, s/o. Datta,
Aged about 29 years,
Occu: Private Employee,
r/o. H.No.2-121,
Godpaur, Nirmal District.
.....Petitioner
And
The State of Telangana rep.by its
Rep.by its Principal Secretary,
Excise Department, Secretariat,
Hyderabad and others.
.....Respondents
The Court made the following:
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W.P.No.23130 of 2020
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION NO.23130 of 2020
ORDER:
Heard learned counsel for petitioner and learned Assistant Government Pleader for Prohibition and Excise.
2. This writ petition is filed praying to direct respondents to release Motor cycle vehicle bearing registration No.TS-18-A-9471 which was seized on the allegation of illegal transportation of desi daru.
3. According to State Government, producing illicit liquor and its distribution is prohibited. According to the State consumption of liquor is per se harmful to health of a person and consumption of spurious liquor is more harmful and can result in instantaneous death. The officials in their endeavour to thwart any attempt to manufacture illicit liquor, seize the commodities and vehicles involved in illegal transportation. After seizure of the vehicles, confiscation proceedings are taken up and if the allegations are proved, the vehicle can be confiscated.
4. The Telangana Prohibition Act, 1995 and The Telangana Excise Act, 1968 regulate all aspects of liquor in the State of Telangana, including manufacture, distribution and consumption.
5. By placing reliance on several decisions of this Court, learned counsel for petitioner prayed to allow the writ petition directing the respondents to release the vehicle subject on deposit of an amount of Rs.10,000/- and compliance of further directions issued by this Court in several writ petitions.
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6. The statement of learned counsel for petitioner that similar matters are disposed of with conditions, including furnishing fixed deposit/bank guarantee as the case may be, is not disputed by the learned Assistant Government Pleader. However, he only emphasises that higher amount of fixed deposit should be directed to be furnished by the petitioner before seeking to release the vehicle. He further submits that the competent authority to deal with confiscation proceedings is Deputy Commissioner and he alone is competent to release the vehicle pending completion of confiscation proceedings. He therefore submits that direction be given to the petitioner to file application before the Deputy Commissioner praying to grant interim custody of the vehicle.
7. Having regard to the consistent view taken by this Court, this Court on similar issue, passed detailed orders in W.P.Nos.14801 and 14811 of 2020, dated 8.9.2020. Following the same, this Writ Petition is disposed of with following directions:
(i) Petitioner is granted liberty to file application to the Deputy Commissioner (2nd respondent) to grant interim custody of the vehicle.
(ii) Pending final orders to be passed in confiscation proceedings, 2nd respondent is directed to release Motor Cycle vehicle bearing registration No.TS-18-A-9471 on petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs.10,000/- (Rupees ten thousand only).
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(iii) Petitioner is further directed not to encash the fixed deposit or create lien or mortgage on the fixed deposit till the conclusion of confiscation proceedings.
(iv) The petitioner shall produce original R.C. Book of the vehicle at the time of seeking release of the vehicle.
(v) Petitioner shall furnish undertaking that he will not transfer or alienate the vehicle to third party in any manner and will maintain the vehicle in the same good roadworthy condition without changing its major parts and features.
(vi) Petitioner shall produce the vehicle as and when directed by the concerned Court or competent authority.
Miscellaneous petitions, if any pending, stand closed.
_________________________ JUSTICE P.NAVEEN RAO Date: 18.12.2020 kkm PNR,J W.P.No.23130 of 2020 5 HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23130 of 2020 Date: 18.12.2020 KKM