SHEETHA PARVATHALU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed to declare the action of the 3rd respondent in not releasing the petitioner's vehicle i.e., Swift vehicle bearing Registration No. TS 08 EA 4353 seized pursuant to registration of FIR.No.159 of 2022 with Chinthapally Police Station, Nalgonda District, as illegal and arbitrary.

(2.) It is the stated by the petitioner that on the eve of Diwali festival, several family members came to his native village. On 24/10/2022, his son Seetha Ramulu took his vehicle to purchase liquor bottles, as a get-together was arranged in his house on the occasion of Diwali festival. After purchasing liquor bottles from a licenced shop, while the son of the petitioner was returning in the said vehicle and when reached Vinjamoor Cross Croad Check Post, the 3rd respondent, who was conducting vehicles checking, found liquor bottles in the vehicle belonging to the petitioner. There was no violation of the provisions of the Excise Act, 1968, much less Sec. 34 (a) of the Act. It was alleged in the FIR that liquor bottles were purchased for sale, but such allegations are totally false.

(3.) It is further stated that the petitioner is unable to attend his day-today works due to seizure of the vehicle and he had been facing inconvenience. Since 24/10/2022, the vehicle had been lying in the premises of Chinthapally Police Station, and if the vehicle is kept idle, its value diminishes. The petitioner approached the 3rd respondent seeking release of the vehicle and offered to furnish sufficient third party surety, but he was informed that the 2nd respondent is the competent to release the vehicle.