WP/34997/2023 of Eddala Subhadra Vs The State of Telangana on 29 December 2023

ORDER:

This Writ Petition, under Article 226 of the Constitution ofIndia, is fi1ed seeking the following relief '.-to issue an appropriate Writ, Order or Direction moreparticularly one in the nature of Writ of Mandamusdeclaring in action. of 2nd respondent in not releasing thewhite jaggery i.e., 14 Tones, total value isRs.1,4O,00O/- seized in FIR No-319 of 2023, datedlL.l2-2O23, in spite of petitioner is ready to furnishpersonal bond for the value of the stock, as being illegal,arbrtrar] and unjust under Articles 14, 19,21 and 300Aof the Constitution of lndia and consequently to directthe 2"d respondent to order for release of the \r'hitejaggery stock to the petitioner.."

2. Heard learned counsel learned counsel for the petitioner andthe petitioner andpetitioner andandlearned Government Pleader for Prohibition arrd Exciseappearing for the respondents. Perused the record.

Heard learned counsel learned counsel for the petitioner andthe petitioner andpetitioner andand

3.

3. The petitioner is running Kirana shop in the nameand style of M/s. Dinesh Traders at H.No.22-925/B, RevenueWard No.22, Puttur Road, Chittoor District, Andhra Pradesh.The case of the petitioner is that she purchased white [jaggery]weighing 150 quintals (3OO bags) from Ambika Enterprises andpaid GST Tax vide GST Registration No.37DWQPSO845J1ZS byengaging vehicle i.e., Lorry bearing registration No.TN-2S-BJ-1821. It is further case of the petitioner that on 11.12.2023 atabout 2 I :00 hours, respondent No.3 stopped the subject vehicle and seized the jaggery and registered a case in Crime No.319 of2023, dated 11.L2.2O23 for the offence punishable underSection 34 (e) of the Telangana Excise Act, 1968 (for short, [,the]Act, 1968'), in spite of the driver of the vehicle produced all therelevant documents.

4. Learned counsel for the petitioner submitted thatthe white jaggery is used for domestic purpose and it is notprohibited. Learned counsel further submitted that afterregistration of crime, the petitioner approached respondent No.2along with relevant documents for release of stock, butrespondent No.2 refused to release the stock. Learned counselfor the petitioner submitted that since 11.12.2023 the stock islying in the premises of respondent No.3.

5. Learned Assistant Government pleader forProhibition and Excise, on instructions, would submit that a-fterconducting search, the respondent-police have seized thei^*.O [and ][registered ][a ][case ][in ][Crime ][No. ][319 of 2023, ][d,ated,]11.12.2023 for the offence punishable under Section 34 (e) ofthe Telangana Excise Act, 1968. Learned counsel furthersubmitted that the Deputy Commissioner of prohibition andExcise is the competent authority to release the seized articlesor to confiscate the same to the Government.

6. At this stage, learned counsei for the [petitioner]submits that liberty may be granted to the petitioner to hle anapplication under Section 46 of the Act, 1968 before the DeputyCommissioner of Prohibition and [Excise ]for [release ][of ][stock]seized in Crime 319 of 2023, dated 11.12.2023.

7. In view of the above said submissions, the WritPetition is disposed of giving liberty to the [petitioner ][to ][fi1e ][an]appropriate. application before respondent [No.2-Deputy]Commissioner of Prohibition & Excise, [Nalgonda, ][Nalgonda]District, for release of the stock seized in Crime No.3 19 [of 2023,]dated 1 1.1,2.2023. On hling of such application, [respondent]No.2 is directed to release the stock subject to [petitioner]furnishing bond to the value of the stock seized. There [shall ][be]no order as to costs.

Miscellaneous petitions, if any, [pending ]in [this ][writ]petition shall stand closed.

SD,- MoHD [s4NAuft#tsr"ffi].4/

/TTRUE [COPY"]

SECTION [OFFICER]To,;iit"}3ir&Uffl [ru'g?'#::::':::;H":::il::":Tff ][';]1$*dl#ii'gtwfl+*rsi:E1*!il"Iqal'#"J*""BSKR[$'^-- HIGH COURT

DATED: 2911212023

ORDER

WP.No.34997 of 2023

DISPOSING OF THE WRIT PETITIONWITHOUT GOSTS

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