SAHEB KHAN v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-02-18. SAHEB KHAN v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 2166 oF 2026 BETWEEN: SAHEB KHAN, S/o- Sardar Khan, Aged 56 years, Occ: Owner of the Vehicle, Rl/o. Taj Colony, Basavakalyan Taluka, Bidar District, Karnataka State. ... Petitioner/Owner of Ashok Leyland, Lorry bearing, Reg. No. KA-S6-2337 AND 1. The State of Telangana, through S. H. O. , Nelakondapally Prohibition & Excise Station, Khammam District, rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad. 2. The Deputy Commissioner, Prohibition and Excise, Khammam Division. 3.
The Station House Officer, Nelakondapally Prohibition & Excise Station, Khammam District petition under section 528 of BNSS praying that ,",r"1::Jr"Jiil::fi#:"[ilj Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pass orders directing the Deputy Commissioner, Prohibition and Excise, Khammam Division, to issue appropriate directions to the Station House Officer, Nelakondapally Prohibition and Excise Station, Khammam District, to forthwith release the Petitioner's Ashok Leyland Lorry bearing Registration No. KA-56-2337, which was seized in C. O. R. No. 20 ol 2026, in view of the quashment of the entire proceedings in C. O. R. No. 20 of 2026 pursuant to the orders passed by this Hon'ble Court in Criminal Petition No. 147O of 2026, daled 06-02-2026.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arvapalli Shiva Sai Nath, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER IN THE HIGH COURT FORTHE STATE OF''ELANGANA ( AT HYDERABAD THE HONOURABLB SRI JUSTICE J. SREEI TIVAS RAO CRIMINAL PETITION No. 2l66 ol- . t t26 Date:18. 02. 2026 Between: Saheb Khan ... Petitioner AND The State ofTelangana, 'lhrough S. H. O. , Nelakondapal ly Prohibition & Excise Station, Rep. by its Public Prosecutor, 'felangana Iligh Court for the State of at Hyderabad and two others. Rcspondents ORDER This Criminal Petition has been filed seekir r a direction to the Deputy Commissioner of Prohibition and Ext ; ;e, Khammam Division, to issue appropriate directions to Station Jouse Olllcer', Netakondapally Prohibition and Excise Statio r, Khamntan.
r District, to release the petitioner's vehicle, namell', . rshok Levland Lorry, bearing registration No. KA-56-2337, whic I was seized in C. O. R. No. 20 of 2026, of Nelakondapally Prohibi ion & Excise Station, Khammam District. 2. Heard Mr. A. Shiva Sainath, leamed counsel for the I petitioner and Mr. Jithender Rao Veeramalla, leamed I Additionat r I ; Public Prosecutor appearing lor respondents I 3. Leamed counsel lor the peritioner submitted that the I petitioner herein is the registered owner of the Ashok Leyland I I Lorry, bearing registration No. KA-56-2337. The said vehicle was i i involved in C. O. R. No. 20 o12026. Accused Nos. I and 2 in the said I I I crime approached this Court and filed Crl. P. No. 1470 of 2026 and this Court allowed the said petition on 06. 02. 2026. Inspite of the same, the S. H. O. , Nelakondapally Prohibition and Excise Station, Khammam District is not releasing the said vehicle.
Hence the action of the said Authority is contrary to the orders passed by this Court. 4. Per contra, leamed Additional Public Prosecutor submitted that the subject vehicle was deposited before the Deputy Commissioner of Prohibition & Excise, Khammam District. The petitioner without approaching the concemed Deputy Commissioner of Prohibition & Excise, Nalgonda, by submitting an appropriate application seeking release of vehicle, has straight away approached this Court and filed the present Criminal Petition. 5. Har,'ing considered the rival submissior r made by the respective pafties and after perusal of the recorc, it reveals that ( accused Nos. l and 2 have approached this ouI1 and filed Crl. P. No. l470 ol 2026 seeking quashing of th: proceedings in C. O. R. No. 20 of 2026 and the same was allowe,i on 06. 02. 2026. By virtue of quashing of C. O. R. No. 2O ol 2026, he petitioner is entitled to the retum of the subject vehicle. 6.
According to the learned Additional Publi: I)rosecutor, the ,' subject vehicle was deposited before the Deputy ,, cmmissioner of l']rohibition & Excise, K]rammam Division 'laking 7. into consideration the facts and circr nstances of the case, the petitioner is granted liberty to submit a I application for lelease of the vehicle before the concerned Depurr Q6mpissioner oi Prohibition & E,xcise, Khammam Division, enc I rsing a copy ol' this order, as well as the order dated 06. 02. 2026 ir Crl. P. No. l470 of 2026. On receipt of such application, the Depurl Commissioner of Prohibition & Excise, Khammam Division is directed 1o consider the same and release the vehicle in favour , ,f the petitioner after due verification of the documents and . lier obtaining necessary authorization, within a period of three (0_l t days from the date of filing of the application.
Registry directed to communrcate a copy of this order to the concemed Deputy Commissioner of Prohibition & Excise, Khammam Division 8 Accordingly, the criminal petition is disposed of. As a sequel, miscellaneous petitions, pcnding if any, stand closed Sd/- U SUDHA ASSISTANT REGISTRAR //TRUE COPY// S TION OFFICER To, 1. The Deputy Commissioner, Prohibition and Excise, Kh mam Division 2. The Station House Officer, Nelakondapally Prohibition & Excise Station, Khammam District. 3. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad tourl 4. One CC to Sri Arvapalli Shiva Sai Nath, Advocate [OPUCI 5. Two CD Copies dcNK B HIGH COURT DATED: 1810212026 tAi E Or 16 tt$ l3 I- C) d -x ORDER : -. i --^-' \; _-:. -- CRLP. No. 2166 ot 2026 DISPOSING OF THE CRIMINAL PETITION ,. {
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