Telangana High Court
Srirangam Saraswathi vs The State Of Telangana on 31 October, 2023
HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION No.30212 of 2023
ORDER:
This writ petition is filed to issue writ of mandamus declaring the action of respondent No.2 in not directing respondent No.3 to release Maruthi EECO Van bearing No.TS 04 FC 4022 seized in Crime No.247 of 2023, dated 26.10.2023, as illegal and arbitrary and for other reliefs.
2. The petitioner claims to be the registered owner of Maruthi EECO Van bearing No.TS 04 FC 4022. The said vehicle was seized in Crime No.247 of 2023 which was registered for an offence punishable under Section 34 (e) of the Telangana Excise Act, 1968 (for short "the Act").
3. The contention of the learned counsel for the petitioner is that Section 45 of the Act provides that whenever an offence has been committed, which is punishable under the Act the things mentioned in Section 45 of the Act are liable for confiscation. Section 46 of the Act mandates the authority competent to seize the items mentioned in Section 45 of the Act to produce before the Deputy Commissioner of Prohibition and Excise. On 2 CVBR, J Wp_30212 _2023 production of the seized property, the Deputy Commissioner is required to conduct proceedings for confiscation and if he is satisfied that an offence is committed under the Act, he may order for confiscation of the property seized. The Deputy Commissioner is also authorised to conduct public auction or dispose of the property so confiscated. Against the order of the confiscation, an appeal would lie under Section 46-C of the Act. Learned counsel for the petitioner further submitted that this Court has passed several orders directing the respondents to release the seized vehicles subject to the petitioner depositing the value of the vehicles and also furnishing an undertaking that pending confiscation proceedings, the vehicle shall not be alienated.
4. Having regard to the consistent view taken by this Court, the petitioner is also entitled to relief of directing respondents to release his vehicle. Accordingly, the writ petition is disposed of, with the following directions:-
(i) Pending final orders to be passed in confiscation proceedings, respondents are directed to release the Maruthi EECO Van bearing No.TS 04 FC 4022 on 3 CVBR, J Wp_30212 _2023 petitioner furnishing fixed deposit receipt as proof of opening fixed deposit account for an amount of Rs.50,000/-.
(ii) The petitioner is further directed not to encash the fixed deposits or create lien or mortgage on the fixed deposits till the conclusion of confiscation proceedings.
(iii) The petitioner shall produce original R.C. Book of the vehicle at the time of release of the vehicle.
(iv) The 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.
(v) The petitioner shall furnish undertaking that he should produce the vehicle as and when directed by the concerned Court or competent authority.
There shall be no order as to costs. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
________________________________ JUSTICE C.V.BHASKAR REDDY 31.10.2023 gkv 4 CVBR, J Wp_30212 _2023