WP/27908/2005 of Patha pandari, Vs Deputy Commissioenr of Proh AND Excise, on 29 December 2005

ORDER:

Petitioner seeks a Writ of Mandamus to declare the action of the respondents 1 and 2 inissuing the proceedings Cr.No.704/05/P&Ex/A2 dated 20.10.2005 in not releasing theJaggery in P.R.No.322/2005-06 dated 23.09.2005 as illegal and arbitrary.

Learned counsel for the petitioner submits that a case in P.R.No.322 of 2004-2005 wasregistered by the Prohibition & Excise Inspector, Karimanagar under Section 34(a) of theAndhra Pradesh Excise Act, 1968 (for short ‘the Act’) seizing 400 lumps of Black Jaggerytotaling 5600 Kgs and Eicher Van bearing No. AP9V 6505 and produced before the DeputyCommissioner of Prohibition and Excise, Karimnagar. The owner of the said vehicle filed an application for interim release of the vehicle pending disposal of the confiscationproceedings and the first respondent vide proceedings dated 20.10.2005 ordered therelease of the vehicle for interim custody on obtaining the Vikas Cash Certificate forRs.80,000/- in his favour.

The learned counsel further submits that the petitioner filed a representation dated26.09.2005 requesting to release the black jaggery in his favour but the same has not beenconsidered.

The learned counsel further submits that the petitioner purchased the black jaggery from afarmer by paying the market committee fee.

Whether the petitioner purchased the said jaggery from the farmer for the purpose of sale tothe merchant or not is a matter to be decided by the first respondent.

Having regard to the facts and circumstances of the case, the respondent is directed to consider and dispose the representation of the petitioner dated26.09.2005 for the release of jaggery within two weeks from the date of receipt of a copy ofthis order.

The writ petition is accordingly disposed of.

December 29, 2005

Note: Furnish C.C. of the order in two days.

(B/O)

DSK

______________V. ESWARAIAH, J