IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTEENTH DAY OF JULY TWO THOUSAND AND TEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20922 of 2008 Between: Ashok Singh … Petitioner And The Prohibition & Excise Inspector, Prohibition & Excise Station, Sherilingampally, RR District & others. … Respondents Counsel for the Petitioner: Sri A. Prabhakar Rao Counsel for respondents 1-3: AGP for Prohibition & Excise Counsel for respondents 4&: AGP for Home The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.20922 of 2008 ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. This writ petition is filed for a Mandamus to declare the action of the respondents in seeking to place restriction on the legitimate business of the petitioner in black jaggery and alum, as illegal and arbitrary. The petitioner sought for a direction to the respondents not to harass him by resorting to seizing the black jaggery and alum from the place of his business and in transit. The petitioner, who is a dealer in various Kirana items including black jaggery and alum, is carrying on the business in the name and style of M/s. Yashoda Enterprises at Nanakramguda, Sherilingampally, Ranga Reddy District. According to him, he has been purchasing black jaggery and alum from the wholesale dealers in Hyderabad under bills and transporting the same to his place of business and selling the same to his customers under bills, that the sale of black jaggery and alum is not prohibited or regulated under law and that no licence for this purpose is required. The grievance of the petitioner is that the respondents have been unduly interfering with the said business though there is nothing to show that the black jaggery and alum are being used by him for manufacture of arrack. In the counter affidavit filed on behalf of the respondents, it is inter alia stated that though the sale of black jaggery and alum is not prescribed under law, if a nexus is established between the sale of the said material and manufacture of I.D. liquor, the same attracts offence under Sections 34(a) and (e) of the A.P. Excise Act, 1968 (for short, “the Act”). The respondents have also narrated an incident involving the petitioner transporting black jaggery and alum with 1500 liquor sachets and 10 liquor sachets separately in a DCM van on 16.07.2008 and registration of a case based on the said incident as Crime No.185 of 2008 for the offence under Section 8(e) of the Act. On the basis of the above incident, the respondents averred that as the petitioner is doing business of black jaggery and alum for the purpose of manufacturing I.D. arrack, they have been interfering in his business. As admitted by the respondents, mere sale of black jaggery and alum is not prohibited by law. However, if there is an evidence to show that the trader is involved in manufacture of I.D. liquor by using black jaggery and alum, the respondents are entitled to take appropriate action under the provisions of the A.P. Prohibition Act, 1995 and the Act. The fact that a case has been registered and pending is not denied. The respondents are therefore entitled to proceed with the said case and take appropriate action according to law. However, in the guise of pendency of the case, the respondents shall not prevent the petitioner from selling the black jaggery and alum, unless there is evidence to show that the said material is intended for the purpose of manufacture of I.D. liquor. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.27343 of 2008 and WVMP.No.3474 of 2009 are disposed of as infructuous. __________________________ C.V.NAGARJUNA REDDY, J Date: 13.07.2010. ES