IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27989 of 2009 Between: Jaldu Shatchakra Dharma Rao and another ..... PETITIONER(S) AND The Prohibition & Excise Sub Inspector, Chinthalapudi, W.G.District and another. .....RESPONDENT(S) THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 27989 of 2009 ORDER : According to the petitioners, the 1st petitioner is the owner of an Auto Trolley bearing Regn. No.37W 9515 and he is eking out his livelihood by hiring the vehicle. On 30-10-2009, the vehicle was hired by the 2nd petitioner for the purpose of transporting 750 Kgs. of black jaggery from Agiripalli, Krishna District to Yadavalli village, Lingapalem Mandal, West Godavari District, which is the place of his business. During the course of transit, the 1st respondent-Prohibition and Excise Sub Inspector, Chinthalapudi, West Godavari District, intercepted the vehicle, seized the vehicle along with black jaggery on the ground that said jaggery is useful for preparation of I.D. liquor and the transportation of the same is illegal. As the main living of the 1st petitioner is by hiring the vehicle, he immediately approached the 2nd respondent-Deputy Commissioner, Prohibition and Excise, Eluru, and gave a representation dated 22-11-2009 and though the same was received by the 2nd respondent on 24-11-2009, no orders have been passed. Hence, he approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 3. No doubt, if ultimately the authorities came to the conclusion that the said transportation is illegal, the contraband as well as the vehicle in question are liable for confiscation. But, however, as the petitioners stated that 1st petitioner is eking out his livelihood by hiring the vehicle and they are ready to offer third party security and also abide by any conditions to be imposed by the Court, the writ petition can be disposed of with a direction to the 2nd respondent. 4. Accordingly, the writ petition is disposed of at the admission stage, directing the 2nd respondent-Deputy Commissioner, Prohibition and Excise, Eluru, to release the vehicle bearing Regn. No.37W 9515 and also the seized stock of black jaggery, on condition of the petitioners’ furnishing third party security, equivalent to Rs.1,00,000/- (Rupees one lakh only). Further, the 1st petitioner shall give an undertaking that he does not alienate the said vehicle and produce the same as and when required during the course of enquiry. There shall be no order as to costs. ___________________ December 22, 2009 kvr