Telangana High Court
Silamwar Venkatesh vs The State Of Telangana on 22 April, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.12573 of 2026
Date: 22.04.2026
Between:
Silamwar Venkatesh
..Petitioner
And
The State of Telangana, rep. by its
Principal Secretary,
Home Excise Department,
Secretariat buildings, Hyderabad and two others
..Respondents
ORDER:
This Writ Petition is filed praying this Court to declare the action of the respondents in not releasing the petitioner's vehicle i.e., Bajaj CT-100 BSIV bearing No.TS 01 EL 3495, which was seized in COR. No.50 of 2026 dated 02.03.2026 of Adilabad I Town Police Station, Adilabad District, as illegal, arbitrary and violative of Articles, 14, 19 (1) (g) and 21 of the Constitution of India and consequently, prayed for other appropriate reliefs.
2. Heard Sri Sai Vamshi J, learned counsel for the petitioner; Ms.Shilpa, learned Assistant Government Pleader for Excise appearing for respondent Nos.1 & 2 and Sri M.Srinivas, learned 2 EVV, J Wp_12573_2026 Assistant Government Pleader for Home appearing for respondent No.3 and with their consent, this writ petition is being taken up for disposal at the admission stage.
3. Learned counsel for the petitioner would submit that the petitioner is the owner of Bajaj CT-100 BSIV bearing No.TS 01 EL 3495, which was allegedly seized on 02.03.2026, for illegal transportation of one 8PM Premium Black Whisky 180 ML (14) bottles and the total alcohol bottles contains 2.5 litres of alcohol, total worth Rs.3,080/- and a case in COR. No.50 of 2026 of Adilabad I Town Police Station, Adilabad District was registered against the petitioner for the offences punishable under Section 34
(a) of the Telangana State Excise Act, 1968. Learned counsel for the petitioner would further submit that the petitioner is no way connected with the said illegal transportation and if the said vehicle is exposed to sun, rain and dust, it would get spoiled. Learned counsel for the petitioner would further submit that the petitioner is ready and willing to execute bond or surety for release of the said vehicle. Stating so, learned counsel for the petitioner seeks for release of the subject vehicle.
4. Ms.Shilpa, learned Assistant Government Pleader for Prohibition and Excise appearing for respondent Nos.1 & 2 would 3 EVV, J Wp_12573_2026 submit that the vehicle was seized by the police, Adilabad I Town Police Station and is in the custody of the said police and not with the excise officials.
5. Sri M.Srinivas, learned Assistant Government Pleader for Home appearing for respondent No.3 would submit that the subject vehicle was seized in COR. No.50 of 2026 dated 02.03.2026 while illegally transporting 8PM Premium Black Whisky 180 ML (14) bottles and the total alcohol bottles contains 2.5 litres of alcohol, total worth Rs.3,080/-.
6. In Surenderbhai 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 deteriorate by being kept unused and unattended in the premises of the Police Station.
7. Further, in Jagtar Singh, Son of Dhyan Singh v. State of Rajasthan 2, Kishore Kumar Choudhury v. State of Orissa 3 and Waish Ahmed v. State of West Bengal 4, wherein the High Courts of Rajasthan, Orissa and Calcutta, relying upon the decision of the 1 (2002) 10 SCC 283 2 2017 Law Suit (Raj.) 2379 3 2017 Law Suit (Ori.) 240 4 2017 Law Suit (Cal.) 22 4 EVV, J Wp_12573_2026 Hon'ble Apex Court in Sunderbhai Ambalal (1 supra) released the vehicles seized under the Act, on certain terms and conditions.
8. Having heard the learned counsel for the respective parties and on perusal of the material on record, as it is seen that the petitioner is the owner of the vehicle as he had produced the Registration Certificate of the subject vehicle but he is not arrayed as an accused in the said crime and having regard to the principles laid down by the various High Courts and Hon'ble Apex Court in the decisions stated supra, this Court is inclined to grant interim custody of Bajaj CT-100 BSIV bearing No.TS 01 EL 3495, which was seized in COR.No.50 of 2026 on the file of the Prohibition and Excise Inspector, Adilabad, in favour of the petitioner on the following conditions:-
(i) The petitioner shall produce a fixed deposit receipt for an amount of Rs.10,000/- (Rupees Ten thousand only) before the second respondent. The petitioner shall not encash the said fixed deposit and not to create lien or mortgage on the same till the conclusion of the trial.
(ii) The petitioner shall produce the original R.C.Book of the subject vehicle at the time of release of the vehicle. However, the 2nd respondent shall issue a certified copy of the registration 5 EVV, J Wp_12573_2026 certificate to the petitioner so that no inconvenience is caused to him while using the vehicle.
(iii) The petitioner shall give an undertaking to produce the vehicle as and when required either by the Investigating Agency or by the Court and also give an undertaking that he will not alienate, encumber or alter the physical features of the vehicle and would maintain the vehicle in a good roadworthy condition without changing its major parts or features.
9. With the above directions, this Writ Petition is disposed of. No costs.
As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________ E.V.VENUGOPAL, J 22.04.2026 prat 6 EVV, J Wp_12573_2026 THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.12573 of 2026 Date: 22.04.2026 prat