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CDJ 2026 TSHC 023 print Preview print print
Court : High Court for the State of Telangana
Case No : Writ Petition No. 917 of 2026
Judges: THE HONOURABLE MR. JUSTICE N.V. SHRAVAN KUMAR
Parties : Sharada Nenavath Versus The State of Telangana, Prohibition & Excise Department & Others
Appearing Advocates : For the Petitioner: M. Rathan Singh, Advocate. For the Respondent: Prohibition Excise for Government Pleader.
Date of Judgment : 09-01-2026
Head Note :-
Prohibition Act, 1995 - Section 7(A) read with 8(e) -
Judgment :-

1. Heard learned counsel for the petitioner and learned Government Pleader for Excise appearing for respondent Nos.1 to 3. With their consent, this writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition has been filed seeking the following prayer:-

               “to declare the action of the respondents in seizing the petitioner’s Vehicle MARUTI-DZIRE VXI, bearing Registration No.TS05UF6607, on the ground of illegally transporting liquor in connection with COR No.174 of 2025, dated 27.12.2025 as highly illegal, arbitrary and violation of principles of natural justice and consequently direct the respondents to release the seized vehicle of the petitioner MARUTI-DZIRE VXI, bearing Registration No.TS05UF6607.”

3. Learned Government Pleader for Excise appearing for respondent Nos.1 to 3 placed on record instructions issued by Deputy Commissioner of Prohibition and Excise, Mahabubnagr Division (FAC), wherein it is stated that on 27.12.2025 at 07.00 AM, while conducting route watch at Hajipur Village, road leads from Dindi to Achampet, petitioner’s vehicle MARUTI-DZIRE VXI, bearing registration No.TS 05 UF 6607 was stopped on suspicion and when searched, it was found that the subject vehicle was transporting (5) liters of ID liquor and 600 Kgs of Black Jaggery and 100 Kgs of alum in it, and the accused has not produced any valid license or document for transporting the above said items. Thereafter, COR No.174 of 2025 dated 27.12.2025 was registered under Section 7(A) read with 8(e) of Prohibition Act, 1995 and 34(e) of Excise Act, 1968. It is further submitted that the subject vehicle is involved in illegal transportation of Black Jaggery and for the ID liquor manufacturers, the same is source of raw material for distillation of illicit liquor, which is hazardous to public health and the same is liable for confiscation in the interest of public health. Hence, on 07.01.2026, the Sub-Inspector, Achampet, has submitted confiscation proposal of the seized property. Thereafter, on 08.01.2026, show cause notice was served on the petitioner, calling explanation.

4. Learned Government Pleader for Excise further submits that instead of submitting reply to the show cause notice dated 08.01.2026, petitioner has filed this writ petition.

5. At this stage, learned counsel for the petitioner pray this Court to grant liberty to the petitioner to submit reply to the show cause notice dated 08.01.2026 and pray this Court to direct the respondent authorities to consider the same and pass orders.

6. Recording the above submissions and without expressing any opinion on the merits of the case, this writ petition is disposed of granting liberty to petitioner to submit reply to the show cause notice dated 08.01.2026 and thereafter, respondent authorities are directed to consider the same and pass orders strictly in accordance with law, as expeditiously as possible and communicate the same to the petitioner.

7. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

 
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