IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SECOND DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE C.V.RAMULU WRIT PETITION NO : 11138 of 2008 Between: M/s. Chandigarh Distillers & Bottlers Ltd., Banur Village, Patiala, Punjab State, rep. by its Authorised Signatory - P. Srinivas, S/o. P.K. Satyam, aged 41 years. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad. 2 Ganpati Sugar Industries Limited, Fasalwadi Village, Sanga Reddy, Medak District-502294. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus or any other appropriate writ declaring that the action of the respondents in requiring the petitioner to obtain "No Objection Certificate" from the 1st respondent for transport of molasses, is arbitrary and without jurisdiction and consequently, direct the respondent not to interfere with the export of molasses by the petitioner pursuant to its application and representation dated 06.05.2008; and grant such other relief Counsel for the Petitioner:MR.E.MARUTHI RAJA Counsel for the Respondent No.1 &: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SRI JUSTICE C.V.RAMULU W.P.No.11138 of 2008 ORDER: The petitioner claims to be a manufacturing Industry. Molasses is said to be one of the raw materials used in the manufacture of the said product. The complaint of the petitioner is that the respondents are insisting on obtaining permits for transporting the molasses. The petitioner contends that according to the existing legal reigns, there is no necessity to obtain permits or licenses for transporting the molasses. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. The necessity to obtain licence or transport permit for possessing or transporting molasses was considered by this Court in M/s.Gauri Industries (Manufacturers of Rectified Spirit) v. Commissioner of Prohibition & Excise, Andhra Pradesh (WP No.8136 of 2004), which, in turn, followed certain judgments of the Division Bench. It was held therein that no permit is needed for transporting the molasses under valid purchase bills. A rider was added to the effect that in case the molasses is used for manufacture of any illicit liquor or for other unauthorized purposes, it could certainly be seized. Following the same, this writ petition is disposed of directing that a) Respondents 1 and 2 shall not interfere with the transport of the molasses by the petitioner as long as it is meant for manufacture of any produce, which is not prohibited by law; b) The petitioner shall not be entitled to use the molasses so transported for manufacture of the illicit liquor or other products prohibited by law; and c) There shall be no order as to costs. __________ 22-05-2008 Js ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. 1 The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad. 2.2CD copies