MOHAMMED NISAR ALI Vs. DEPUTY SUPERINTENDENT OF POLICE

JUDGEMENT

(1.) This Writ Petition is filed to declare the action of the respondents in detaining the vehicle bearing No.TS-35-T-1842 "TATA ZEST XE OJET 75PS (BSIV)" of 2016 Model under cover of Cr.No.6 of 2021 dt.07.01.2021, as illegal and arbitrary, and consequently, direct the respondents to release of the vehicle to the petitioner. The offence alleged against him is under Section 34(E) of T.S.Excise Act, 1968.

(2.) Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.

(3.) The case of the petitioner is that he is the registered owner of the vehicle i.e., "TATA ZEST XE OJET 75PS (BSIV)" bearing No. TS-35-T-1842, which is of the year 2016 make and eking out his livelihood from the income derived from the said vehicle. He further submits that the 2nd respondent seized the said vehicle on the ground that the vehicle is used in transporting the black jaggery and acacia jaggery.