Telangana High Court
Banoth Rajitha vs The State Of Telangana on 8 November, 2021
Author: K. Lakshman
Bench: K. Lakshman
THE HONOURABLE SRI JUSTICE K. LAKSHMAN
WRIT PETITION No.27843 of 2021
ORDER:
This writ petition is filed to declare the action of the 2nd and 3rd respondents in not releasing the vehicle (Motor Cycle) Hero Glamour, bearing No.TS 26 E 4823 belonging to the petitioner seized in connection with C.O.R.No.277 of 2021 for the offences under Section 7(A) read with 8(c) of Telangana Prohibition Act, 1995, as illegal and arbitrary.
2. Heard learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.
3. The case of the petitioner is that she is the owner of the vehicle (Motor Cycle) Hero Glamour, bearing No.TS 26 E 4823, which was purchased by availing financial assistance from private financier and eking out her livelihood from out of the income derived from it. She further states that on 25.10.2021, the 3rd respondent seized her vehicle falsely and registered a case C.O.R.No.277 of 2021 for the offences under Section 7(A) read with 8(c) of Telangana Prohibition Act, 1995 on the pretext that 10 kgs of black jiggery and 3 bottles gudumbha were found in the said vehicle.
4. Learned counsel for the petitioner would submit that the subject vehicle is of the year 2020 make and it is a motor cycle. In proof of the same, she had filed copy of the registration certificate. By referring the same, learned counsel for the petitioner would submit 2 that an amount of Rs.10,000/- could be the reasonable amount towards security deposit for releasing of the vehicle.
5. Considering the fact that the petitioner is using the subject vehicle for eking out her livelihood, the vehicle can be released subject to further proceedings under the Act, on certain terms.
6. The writ petition is, accordingly, disposed of directing the respondents to release the vehicle (Motor Cycle) Hero Glamour, bearing No.TS 26 E 4823 subject to the condition of the petitioner furnishing Fixed Deposit Receipt (FDR) for Rs.10,000/- (Rupees ten thousand only) in favour of the 2nd respondent. The petitioner shall also furnish an undertaking that she will not alienate or change the physical features of the vehicle. The 2nd respondent shall write to the RTA authority not to transfer the said vehicle in favour of any third party without clearance from the Excise Department. Needless to say, release of the said vehicle is subject to the orders that could be passed by the 2nd respondent authority pursuant to the enquiry to be conducted under the provisions of the Excise Act.
Miscellaneous petitions, pending if any, shall stand closed. No order as to costs.
_________________ K. LAKSHMAN, J Date : 08.11.2021 dv