[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 10995 OF 2026 Between: Pola Jagadeeshwar, S/o. Chandraiah, aged about 45 years, Occ. Business, R/o. H. No. 3-119, Padara village and Mandal' Nagarkurnool District ...PETITIONER/ACCUSED AND 1. The State of Telangana, rep. by its Public Prosecutor, High Court for the State Representing Police Station, Padara, of Telangana at Hyderabad, Nagarkurnool District. 2. S. Vinod Kumar, , Sl of Police, Padara Police Station, Padara Mandal, Nagarkurnool District. ...RESPONDENTS/COMPLAINANTS Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to notdeclare the action of the Judicial Magistrate of First class, Achampet in 179612026considering the petition filed by the petitioner vide crl. MP SR No. 2"dseeking to release the vehicle bearing No TSI0EM 5979 seized by the andrespon-dent police in crime No. 34t2026 as illegal, unlawful contrary to law consequently direct the Judibial Magistrate of First class, Achampet to release the above vehicie of the petitioner subject to any conditions as deem fit in the interest of Justice. As per Gourt order dated 2217126. lA 02126. .A. NO: 1OF 2026

Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant interim order directing the Judicial First class Magistrate, Achampet to Ionsider the petition filed by the petitioner vide Crl. tvlP SR No. 176812026 to release "!v { No. the vehicle of the petitioner i.e., Renault Duster car bearing registration TS10EM5979, subject to any condition, pending disposal of main criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri M DAMODAR REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ,ll I i wbew*w IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.10995 of 2026 Date:22.07.2026 Between: Pola Jagadeeshwar ..Petitioner AND The State ofTelangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad, Representing Police Station, Padara, Nagarkumool District and another ...Respondents ORDER:

This Criminal Petition has been filed seeking a direction to respondent No.2/Sub-Inspector ofPolice, Padara Police Station, to release the petitioner's vehicle, namely, Renault Duster bearing registration No.TS 10 EM 5979, which was seized in FIR No.34 of 2026, dated 11 .06.2026, on the file of Padara Police Station, Nagarkumool District. - 2 the2. Heard Mr. M.Damodar Reddy, learned crlunsel for petitioner and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for the respondents 3 subm itted that the . Leamed counsel for the petitioner petitioner is the owner of the vehicle, namely, l{enault Duster bearing registration No.TS 10 EM 5979. The petitioner has not been made an accused and has not committec any offence. However, the petitioner's vehicle was taken into custody by respondent No.2 for the offence under Section 34(e) of the Telangana State Excise Act (for short 'TSEA') in (lrime No.34 of 2026, on the alleged ground that the accused in the said crime was transporting 348 kgs ofblackjiggery and 2 kgs ofalum 4. 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 groat hardship, as he is unable to use the said vehicle. He further sutrmitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, therefore, requeste,l this Court to release the said vehicle. 3

Public Prosecutor submitted5. Per contra, learned Additional that the petitioner, without approaching respondent No.2, by submitting an appropriate application for release of the vehicle, has straightaway approached this Court and hled the present Criminal Petition. reply, learned counsel for the petitioner submitted6. By way of that, in similar circumstances, this Court disposed of Crl.P.No. 8425 of 2024, ar.d the petitioner is also entitled to the same relief. 7 submissions made by the . Having considered the rival respective parties and upon perusal of the record, it reveals that datedthe petitioner is not an accused in FIR No.34 of 2026, 17.06.2026, on the file of Padara Police Station, Nagarkumool District. However, his vehicle is involved in the said crime for the offence under Section 34(e) of the TSEA. It is not in dispute that the vehicle is in the custody of respondent No.2. and8. Taking into consideration the peculiar facts circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely, Renault Duster bearing registration - 4

No.TS l0 EM 5979, on the condition that the petitioner executes a personal bond for a sum of Rs.50,000i- (Rupees Fifty Thousand only) with two sureties to the satisfaction of respondent No.2. The petitioner shall also fumish an undertaking tlat he shall not alienate the vehicle or change its physical featur,:s. Respondent No.2 shall write to the RTA Authority not to tranrifer the vehicle police in favour of any third party without clearance fiom the 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 inquiry to be conducted under the provisions of the Telangana Excise Act. 9. Accordingly, the criminal perition is disposed of. Pending miscellaneous applications, if an.r, shall stand closed. SD/. N.CHANDRA SEKHAR RAO DEPUTY REGISTRAR c //TRUE GOPY// € SECTION OFFICER To, 1. The Judicial First Class Magistrate, Achampet 2. The station House officer, Police station, Padara, Nagarkurnool District 3. Two CCs to Public Prosecutor, High Court for the State c'f Telangana at Hyderabad (OUT) M DAMODAR REDDY Advocate [OPUC] 4 One CC to SRl. 5. Two CD CoPies tl TPKIGNK 4dl'1 HIGH COURT DATED: 2210712026 r4l5' , 1 ,,-- S r) ORDER 2 4 JUt 2026 (( CRLP.No.10995 of 2026 2. t o S ,' i Jd DISPOSED OF CRIMINAL PETITION IS @." *\/ .t \

[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 10995 OF 2026 Between: Pola Jagadeeshwar, S/o. Chandraiah, aged about 45 years, Occ. Business, R/o. H. No. 3-119, Padara village and Mandal' Nagarkurnool District ...PETITIONER/ACCUSED AND 1. The State of Telangana, rep. by its Public Prosecutor, High Court for the State Representing Police Station, Padara, of Telangana at Hyderabad, Nagarkurnool District. 2. S. Vinod Kumar, , Sl of Police, Padara Police Station, Padara Mandal, Nagarkurnool District. ...RESPONDENTS/COMPLAINANTS Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to notdeclare the action of the Judicial Magistrate of First class, Achampet in 179612026considering the petition filed by the petitioner vide crl. MP SR No. 2"dseeking to release the vehicle bearing No TSI0EM 5979 seized by the andrespon-dent police in crime No. 34t2026 as illegal, unlawful contrary to law consequently direct the Judibial Magistrate of First class, Achampet to release the above vehicie of the petitioner subject to any conditions as deem fit in the interest of Justice. As per Gourt order dated 2217126. lA 02126. .A. NO: 1OF 2026

Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant interim order directing the Judicial First class Magistrate, Achampet to Ionsider the petition filed by the petitioner vide Crl. tvlP SR No. 176812026 to release "!v { No. the vehicle of the petitioner i.e., Renault Duster car bearing registration TS10EM5979, subject to any condition, pending disposal of main criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri M DAMODAR REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER ,ll I i wbew*w IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.10995 of 2026 Date:22.07.2026 Between: Pola Jagadeeshwar ..Petitioner AND The State ofTelangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad, Representing Police Station, Padara, Nagarkumool District and another ...Respondents ORDER:

This Criminal Petition has been filed seeking a direction to respondent No.2/Sub-Inspector ofPolice, Padara Police Station, to release the petitioner's vehicle, namely, Renault Duster bearing registration No.TS 10 EM 5979, which was seized in FIR No.34 of 2026, dated 11 .06.2026, on the file of Padara Police Station, Nagarkumool District. - 2 the2. Heard Mr. M.Damodar Reddy, learned crlunsel for petitioner and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor for the respondents 3 subm itted that the . Leamed counsel for the petitioner petitioner is the owner of the vehicle, namely, l{enault Duster bearing registration No.TS 10 EM 5979. The petitioner has not been made an accused and has not committec any offence. However, the petitioner's vehicle was taken into custody by respondent No.2 for the offence under Section 34(e) of the Telangana State Excise Act (for short 'TSEA') in (lrime No.34 of 2026, on the alleged ground that the accused in the said crime was transporting 348 kgs ofblackjiggery and 2 kgs ofalum 4. 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 groat hardship, as he is unable to use the said vehicle. He further sutrmitted that the petitioner is ready and willing to abide by any conditions that may be imposed by this Court and, therefore, requeste,l this Court to release the said vehicle. 3

Public Prosecutor submitted5. Per contra, learned Additional that the petitioner, without approaching respondent No.2, by submitting an appropriate application for release of the vehicle, has straightaway approached this Court and hled the present Criminal Petition. reply, learned counsel for the petitioner submitted6. By way of that, in similar circumstances, this Court disposed of Crl.P.No. 8425 of 2024, ar.d the petitioner is also entitled to the same relief. 7 submissions made by the . Having considered the rival respective parties and upon perusal of the record, it reveals that datedthe petitioner is not an accused in FIR No.34 of 2026, 17.06.2026, on the file of Padara Police Station, Nagarkumool District. However, his vehicle is involved in the said crime for the offence under Section 34(e) of the TSEA. It is not in dispute that the vehicle is in the custody of respondent No.2. and8. Taking into consideration the peculiar facts circumstances of the case, this Court is inclined to grant interim custody of the vehicle, namely, Renault Duster bearing registration - 4

No.TS l0 EM 5979, on the condition that the petitioner executes a personal bond for a sum of Rs.50,000i- (Rupees Fifty Thousand only) with two sureties to the satisfaction of respondent No.2. The petitioner shall also fumish an undertaking tlat he shall not alienate the vehicle or change its physical featur,:s. Respondent No.2 shall write to the RTA Authority not to tranrifer the vehicle police in favour of any third party without clearance fiom the 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 inquiry to be conducted under the provisions of the Telangana Excise Act. 9. Accordingly, the criminal perition is disposed of. Pending miscellaneous applications, if an.r, shall stand closed. SD/. N.CHANDRA SEKHAR RAO DEPUTY REGISTRAR c //TRUE GOPY// € SECTION OFFICER To, 1. The Judicial First Class Magistrate, Achampet 2. The station House officer, Police station, Padara, Nagarkurnool District 3. Two CCs to Public Prosecutor, High Court for the State c'f Telangana at Hyderabad (OUT) M DAMODAR REDDY Advocate [OPUC] 4 One CC to SRl. 5. Two CD CoPies tl TPKIGNK 4dl'1 HIGH COURT DATED: 2210712026 r4l5' , 1 ,,-- S r) ORDER 2 4 JUt 2026 (( CRLP.No.10995 of 2026 2. t o S ,' i Jd DISPOSED OF CRIMINAL PETITION IS @." *\/ .t \