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Gorimindla Yespal v. The State of Telangana

Court: High Court for State of Telangana

Bench: E.V. VENUGOPAL

Judgment date:

Case summary

High Court for State of Telangana judgment dated 2026-02-10. Gorimindla Yespal v. The State of Telangana. Read the judgment and case details on LawSphereX.

Judgment text

[ 32es I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION NO: 3984 OF 2026 Between: Gorimindla Yespal, S/o- Ramulu, Aged about 31 years, Occ: Pvt. Employee, Rl/o. H. No. 3-7, Jangapally Village, Boompally (Akbarpet) tvlandal, Siddipet Disirict, Telangana-502102 Presently residing at Plot No. 634, Budda nagar, Boduppal, tr/ed ipally, Medchal t\Ialkajigiri District-500092 ... PETITIONER AND 1 The State of Telangana, Rep. by its Principal Secretary, Home (Excise) Department, Secretariat, Hyderabad 2. The Commissioner of Prohibition and Excise, Hyderabad, Telangana State. 3. The Superintendent of Police, Siddipet District, Telangana. 4. The Deputy Commissioner of Prohibition and Excise, Siddipet District, Telangana 5. The Station House Officer, Dubbak Police Station, Siddipet District, Telangana. ...

RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to lssue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of lt/andamus, declaring the action of Respondent No. 5 in seizing and continuing to detain the Petitioner's vehicle i. e. , TATA PUNCH Car bearing No. TG 0B A 1232, Engine No. REVTRN20BVX|V38937 and Chassis No. MAT634049RP838211, in Crime No.

273 of 2025 of Dubbak Police Station, '14 Siddipet District, as illegal, arbitrary, violative of Articles and 3004 of the Constitution of lndia and contrary to the provisions of the Te I rngana State Excise Act and consequently direct the Respondents to release the aid vehicle forthwith to the petitioner without insisting upon deposit of the rr,set value, pending investigation and pending any confiscation proceedin6 r , subject to such conditions as this Hon'ble Court may deem flt and proper. lA NO: 1 OF 2026 Petition under Section I51 CPC praying that in the ci r u msta nces stated in the affidavit filed in support of the petition, the High Cou,1 may be pleased to direct the Respondents to release the Petitioner's vehicle i. ,: , TATA PUNCH CaT bearing No. TG 08 A 1232, Engine No. REVTRN2oBVXtVl3til 37 and Chassis No- [MAT634049RP838211, in Crime No. 273 of 2025 of Drl bak Police Station, Siddipet District, pending disposal of the writ petition.

Counsel for the Petitioner: SRI PADAM RAJENDAR Counsel for the Respondents: SRI M. SRINIVAS, AGP FOR IOME The Court made the following: ORDER I I I i IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL WRIT PETITION No. 3984 tf 2O26 Dated: LO. O2. 2O26 Between: Gorimindla Yespal .. Petitioner And The State of Telangarta, Rep. by its Principal Secretary, Home (Excise) Department, Secretariat, Hyderabad and four others ... Respondents ORDER: The present Writ Petition is filed under Article 226 ol Constitution of India for the following relief/s:- "... to issue an appropriate Writ, Order or Direction, more particuiarly one in the nature of Writ of Mandamus, rleclaring the action of Respondent No. S in seizing and continuing to detain the Petitioner's vehicle i. e. , TATA PUNCH Car bearing No. TG O8 A 1232 E;ngine No- REVTRN 2OBVXM38937 and Chassis No. MAT634O49RPB38211 in Crime No.

273 ot 2025 of Dubbak Police Station, Siddipet District, as illegal, arbitrary, violative of Articles 14 and 3OOA of the Constitution of India and contrary to the provisions of the Telangala State Excise Act and tonsequently direct tJle Respondents to release the said vehicle forthwith to the petitioner without insisting upon deposit of th€ upset va1ue, pending investigation and p. ndit g any confrscation proceedings, subject to such tonditions as this Honble Court may deem ht ald proper and pass such other order or orders ... " ) 2. Heard Mr. Padam Rajender, learned co I nsel for the petitioner and Mr. M. Srinivas, learne<1 Assistant Government Pleader for Home appearing for espondents. Perused the record. 3. Learned counsel for the petitioner subr Lits that the petitioner is the lau,ful owner and possessor ( f the vehicle i. e. , TATA PUNCH Car bearing No. TG 08 A 12,1 2 Engine No. RtrVTRN2OBVXM38937 and Chassis No.

MA" r34049RP83 82lI duiy registered with the compet: lt Regional Transport Authority; that on 07. 12. 2025, resl ondent No. 5 has registered Crime No. 273/2025 of Du bbak Police Station, Siddipet District for the offences u. r 1er Sections l7O, 173, 223 r/ri' 3(5) ol BNS, Sections rlw 233 of Telangara Panchayat Raj Act and Section 34(a) of TS Excise Act, 1968, alleging illegal transportatir> r of liquor in the said Vehicle. 4. He further states that the petitioner i ; neither an accused in the crime nor he was present ir the scene of offence and the illega1 detention of the Vehi: e is causing severe hardship to the petitioner. Excep . seizing the vehicle, the respondents have not initiated any confiscation proceedings under the relevant provisions of the Telangana State Excise Act. Therefore, he seeks to pass appropriate orders for release of subject vehicle. .

Learned 5 Assistant Government Pleader for Home opposes the same 6 Having regard to the submissions of both the learned counsel and upon considering the fact that charge sheet is yet to be laid before the concerned Court in Crime No. 27312O25, this Court deems it appropriate to direct respondent No. 4 to release the Vehicle TATA PUNCH Car bearing No. TG OB A1232 Engine No. REVTRN2OBVXM38 937 and Chassis No. MAT634049RPB382 11 of the petitioner subject to the following conditions:- (i) The petitioner shall execute the Fixed Deposit Receipt for a sum of Rs. 1,00,0O0/- which shalt be retained by the authority as surety. (ii) The petitioner shall deposit the original Registration Certificate of the subject vehicle I (iii) The petitioner shall not alienate or chan[;( the colour or nature of the vehicle during the pendrr rcy of the I l 'taking investigation. He shall submit an und: to respondent No. 5 stating that he will produce the vehicle I 1 I r.

',,henever required, either before the Investigatir g Officer or before the Court. )etition With the above direction, this Writ is n disposed of. However, there sha-ll be no order e{ to costs. Miscellaneous Petitions, pending if an1', ;ha1l stand closed. SD/. C. DEEPIKA ASSI ;TANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To Home (Excise) Department State of Telangana, 1 The Principal Secretary. Secretariat, HYderabad Hyderabac Telangana State 2 The Commissioner of Prohibition and Excise, Telanga r a' 3. The Superintendent of Police, Siddipet District' ;e' Siddipet District' of Prohibition and Ex<:i 4. The Deputy Commissioner Telangana. ( Police Stat 1' Siddipet District' 5. The Station House Officer, Dubbak Telangana. 6. One CC to SRI PADAM RAJENDAR, Advocate [OPUC] for S;1 of Telangana at 7. Two CCs to GP for Home, High Court the lte Hyderabad. [OUTI B. Two CD CoPies MP HIGH COURT DA-l-ED:1010212026 l il :J 14 R ( c o ,J 2 t ti :8 2u2fi 2 * * . Sr r tl- ORDER WP. NI ).

3984 of 2026 DISPOSING OF THE V\ RIT PETITION WlT HOUT COSTS \at e \ ? b

Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.