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Judgment
This Criminal Petition has been filed seeking interim custody of the vehicle, namely, Bajaj Auto-Rickshaw bearing registration No.TG-26-T-2870, which was seized in connection with C.O.R.No.226 of 2026.
Heard Mr.A.Shiva Sainath, learned counsel for the petitioner and Mr.Jithendar Rao Veeramalla, learned Additional Public Prosecutor for the respondents.
Learned counsel for the petitioner submitted that the petitioner is the owner of the vehicle, namely, Bajaj Auto-Rickshaw bearing registration No.TG-26-T-2870. which was seized in connection with C.O.R.No.226 of 2026 on the allegation that the petitioner was illegally transporting 40 kgs. of black jaggery, 200 kgs. of alum and 8 litres of I.D. liquor. He further submitted that mere possession or transportation of alum and jaggery does not constitute an offence and, therefore, the ingredients of the offences under Section 7-A read with Section 8(e) of the Telangana Prohibition Act, 1995, and Section 34(e) of the Telangana Excise Act, 1968, are not attracted. He further submitted that the petitioner is eking out his livelihood from the income derived from the said vehicle. Unless the subject vehicle is released, the petitioner will be put to great hardship, as he depends upon the said vehicle for his livelihood. He further submitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, therefore, requested this Court to release the said vehicle.
Per contra, learned Additional Public Prosecutor submitted that the petitioner is accused in C.O.R. No.226 of 2026 and was found transporting 8 litres of I.D. liquor, 40 kgs. of black jaggery and 200 kgs. of alum. He further submitted that the petitioner is not entitled to seek interim custody of the subject vehicle, especially as he was transporting 8 litres of I.D. liquor.
Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is accused in C.O.R. No.226 of 2026 and that his vehicle was seized in connection with the said crime on the allegation that the petitioner was transporting 8 litres of I.D. liquor, 40 kgs. of black jaggery and 200 kgs. of alum.
Taking into consideration the peculiar facts and circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely, Bajaj Auto Rikshaw, bearing registration No.TG-26-T-2870, on the condition that the petitioner shall deposit a Fixed Deposit Receipt for an amount of Rs.50,000/- (Rupees fifty thousand only) in any nationalized bank in favour of the respondent No.2. The petitioner shall also furnish an undertaking that he shall not alienate the vehicle or change its physical features. Respondent No.2 shall write to the RTA Authority not to transfer the vehicle in favour of any third party without clearance from the Excise Department. The petitioner shall produce the subject vehicle as and when required by the Investigating Officer or the Court.
Accordingly, the criminal petition is disposed of.
Pending miscellaneous applications, if any, shall stand closed.