Telangana High Court
Bhedodker Pandurang vs The State Of Telangana on 11 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT
HYDERABAD
THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL
WRIT PETITION No.7426 of 2026
Date: 11.03.2026
Between:
Bhedodker Pandurang
..Petitioner
And
The State of Telangana, rep. by its
Principal Secretary,
Home Department,
Secretariat, 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., Honda Activa-DLX BSVI bearing Registration No.TS 01 ER 8880, which was seized in Crime No.100 of 2026 of Mavala Police Station, 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 S.Ravi Kiran Reddy, learned counsel for the petitioner; Sri Arun Kumar, learned Assistant Government Pleader for Excise appearing for respondent Nos.1 and 2 and Sri 2 EVV, J Wp_7426 _2026 M.Srinivas, learned 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 Honda Activa-DLX BSVI bearing Registration No.TS 01 ER 8880, which was allegedly seized on 09.02.2026 at about 17:15 hours while the accused are transporting 12 bottles of Kingfisher Premium Beer (each 650 ml.) worth Rs.2,160/- and basing on the confession-cum-seizure report, a case in Crime No.100 of 2026 of Mavala Police Station, Adilabad District was registered against the accused for the offences punishable under Section 34 (a) of the Telangana State Excise Act, 1968 (for short "the Act"). 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.
3 EVV, J Wp_7426 _2026
4. Sri Arun Kumar, learned Assistant Government Pleader for Prohibition and Excise appearing for respondent Nos.1 and 2, would submit that the vehicle was seized by the police, Mavala 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 Crime No.100 of 2026 while illegally transporting the liquor bottles i.e., 12 bottles of Kingfisher Beer (650 ml. each) worth Rs.2,160/-.
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 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_7426 _2026 of Rajasthan, Orissa and Calcutta, relying upon the decision of the 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 Honda Activa-DLX BSVI bearing Registration No.TS 01 ER 8880, which was seized in Crime No.100 of 2026 of Mavala Police Station, 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 3rd respondent-police. 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 5 EVV, J Wp_7426 _2026 3rd respondent-police shall issue a certified copy of the registration 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 11.03.2026 gkv