SHAIK SUBHANI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed to issue writ of mandamus declaring the action of respondent No.2 in not releasing the petitioner's vehicle i.e., Auto Rickshaw bearing No.AP 39 X 1187, which was seized in P.C.O.R.No.22 of 2024, dtd. 4/4/2024, as illegal and arbitrary and for other reliefs.

(2.) The petitioner claims to be the registered owner of Auto Rickshaw bearing No.AP 39 X 1187. The said vehicle was seized in P.C.O.R.No.22 of 2024 which was registered for an offence punishable under Sec. 7 (A) read with 8 (c) of the Telangana State Prohibition Act, 1995 and Sec. 34 (e) of the Telangana State Excise Act, 1968 (for short 'the Act') .

(3.) The contention of the learned counsel for the petitioner is that the subject vehicle is lying in the premises of respondent No.3 since 23/3/2024 and is exposed to vagaries of nature and the value of the vehicle would diminish. Learned counsel further submits that Sec. 45 of the Act, 1968 provides that whenever an offence has been committed, which is punishable under the Act the things mentioned in Sec. 45 of the Act are liable for confiscation. Sec. 46 of the Act mandates the authority competent to seize the items mentioned in Sec. 45 of the Act to produce before the Deputy Commissioner of Prohibition and Excise. On 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 Sec. 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.