Bhukya Laxman vs The State Of Telangana & Ors.

This Criminal Petition has been filed seeking a direction to the Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal, to release the petitioner’s vehicle, namely, Bajaj Auto Rickshaw, bearing registration No.AP-26-TC-5552, which was seized in C.O.R.No.196 of 2026, dated 01.06.2026, of Gudur Prohibition and Excise Station, Mahabubabad District.

Heard Mr.A.Shiva Sainath, learned counsel for the petitioner and Mr.Veeramalla Jithendar Rao, 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.AP-26-TC-5552. The petitioner has not been made an accused and has not committed any offence. However, the petitioner's vehicle was taken into custody by the Excise Police for the offences under Section 34(e) of the Telangana State Excise Act (for short 'TSEA') and Sections 7(a) read with 8(e) of the Telangana State Prohibition Act (for short 'TSPA') in C.O.R.No.196 of 2026, on the alleged ground that accused persons in the said crime were transporting 50 kgs. black jiggery, 5 kgs. of alum, and 4 litres of I.D. liquor.

Learned counsel further submitted that the said vehicle is presently in the custody of respondent No 2. Unless the subject vehicle is released, the petitioner will be put to great hardship, as he is eking out his livelihood based on the said vehicle. 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, without approaching respondent No.2, by submitting an appropriate application for release of the vehicle, has straightaway approached this Court and filed the present Criminal Petition.

By way of reply, learned counsel for the petitioner submitted that, in similar circumstances, this Court disposed of Crl.P.No.8425 of 2024, and the petitioner is also entitled to the same relief.

Having considered the rival submissions made by the respective parties and upon perusal of the record, it reveals that the petitioner is not an accused in C.O.R.No.196 of 2026, dated 01.06.2026, of Gudur Prohibition and Excise Station, Mahabubabad District. However, his vehicle is involved in the said crime for the offences under Section 34(e) of the TSEA and Sections 7(a) r/w 8(c) of the TSPA. It is not in dispute that the vehicle is in the custody of respondent No.2.

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 Rickshaw, bearing registration No.AP-26-TC-5552, on the condition that the petitioner executes a personal bond for a sum of Rs.25,000/- (Rupees Twenty-Five Thousand only) with two sureties to the satisfaction of 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. Needless to state, the release of the vehicle is subject to the orders that may be passed by respondent No.2 pursuant to the enquiry to be conducted under the provisions of the Prohibition Act.

Accordingly, the criminal petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.