Telangana High Court
WP/28181/2007 of Bhukya bhim Sing s/o Balu Vs The Commissioner Prohibition and Excise, on 28 December 2007
SRI JUSTICE R.SUBHASH REDDY WRIT PETITION NO :28181 of 2007 Dated 28th December, 2007 Between Bhukya Bhim Sing …Petitioner and The Commissioner, Prohibition & Excise, AP, Hyderabad, and, ors …Respondents. THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT PETITION NO : 28181 of 2007
HON'BLE SRI JUSTICE R.SUBHASH REDDY
WRIT PETITION NO :28181 of 2007
BetweenBhukya Bhim Sing
Dated 28[th] December, 2007
…Petitioner
and
The Commissioner, Prohibition & Excise,AP, Hyderabad, and, ors …Respondents.
THE HON'BLE MR JUSTICE R.SUBHASH REDDYWRIT PETITION NO : 28181 of 2007
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ORDER:
In this Writ Petition, the petitioner has questioned the order dated4-10-2007 passed in Proceedings Rc.9/2006/P&E/B1 by the DeputyCommissioner, Prohibition & Excise, Warangal Division, Warangal.
The petitioner claims to be the owner of the auto bearingregistration No.AP-20W-4916. The said vehicle was intercepted andseized by the third respondent on 31-12-2005 on the ground that thesaid vehicle was transporting contraband of 60 liters of I.D.Liquor inviolation of the AP Prohibition Act, 1995. Pursuant to registration ofcrime in Case No.488/05-06, proceedings for confiscation wereinitiated before the Deputy Commissioner, Prohibition & Excise,Warangal Division. Pending consideration of the said proceedings, thevehicle was released pursuant to the order of this Court, on furnishing Fixed Deposit Receipt for Rs.80,000/-. However, subsequently, thesecond respondent passed the orders of confiscation dated 13-9-2007.As against the said order, it is stated that, the petitioner has preferredappeal before the first respondent-Commissioner, Prohibition & Exciseand the same is pending consideration.
Simultaneously, criminal proceedings are also lodged withreference to the same allegation. On the ground that the petitioner wasacquitted by the Criminal Court, representation dated 3-10-2007 wasfiled before the second respondent for refund of the Fixed DepositReceipt, which was furnished for release of the vehicle during thependency of the confiscation proceedings. On the said representationof the petitioner, impugned order dated 4-10-2007 is passed by thesecond respondent, rejecting the request of the petitioner, by recordinga finding that the acquittal from criminal proceedings will not entitle thepetitioner for refund of the Fixed Deposit Receipt (FDR).
In this Writ Petition, it is submitted by the learned Counsel for thepetitioner that the vehicle in question was used without knowledge ofthe petitioner and batch of cases are pending consideration before thisCourt on this aspect.
As against the order of confiscation, it is stated that, thepetitioner has already preferred appeal and the same is pendingconsideration. Whether the petitioner was having knowledge or not,and, whether the order of confiscation passed by the primary authorityis correct or not, are the matters, which are required to be consideredby the appellate authority in the appeal filed by the petitioner. Theimpugned order is passed, rejecting the request of the petitioner forrefund of the FDR, on the ground that acquittal or conviction or otherwise of the criminal charges have no bearing on the order ofconfiscation and to return the FDR as much as the vehicle was alreadyordered to be confiscated by the competent authority. In that view ofthe matter, I do not find any illegality in the impugned order dated 4-10-2007 passed by the second respondent.
The Writ Petition is devoid of merits and is accordingly dismissedat the admission stage. No order as to costs.
DATE: 28-12-2007.Msnr.
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JUSTICE R. SUBHASH REDDY