THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25588 of 2009 DATE:25.11.2009 Between: The Toddy Tappers Cooperative Society, represented by its President, Sangareddy, Medak District. ... Petitioner and The Prohibition & Excise Superintendent, Sangareddy, Medak District. ... Respondent THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25588 of 2009 ORDER: According to the petitioner, it is a Cooperative Society and it has been running a toddy depot and 9 constituent toddy shops at different places in Sangareddy town. On 27.08.2009 the excise officials inspected its depot, conducted spot test and drawn three samples of toddy and registered a case in Crime No.154/2009-10. On the same day, they also inspected its shop No.5, conducted spot test and drawn three samples of toddy and registered a case in Crime No.159/2009-10. Subsequently, the respondent issued a show cause notice in Cr.No.B2/299/2009 dated 20.11.2009 calling upon it to show cause as to why its depot licence should not be suspended, and submit explanation within seven days, and on the even date, he also suspended its depot licence, on the ground that the toddy is fermented toddy adulterated with alprazolam. So far as the samples of toddy drawn from the shop No.5 is concerned, the analyst opined that the toddy is free from all chemicals. Thereafter i.e. on 23.11.2009 it has submitted explanation to the show cause notice issued by the respondent disputing the correctness of the analyst report and requesting the respondent to send the second sample drawn from its depot to an independent agency, but so far, no steps have been taken by him. Being aggrieved by the same, it filed the present writ petition. 2. Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise. 3. When once a licence is suspended by the competent authority on the ground of adulteration, it is always open for the licensee to approach the appellate authority, as provided for under Section 63 of the A.P. Excise Act, 1968. In my considered view, filing of an appeal before the Deputy Commissioner, Prohibition & Excise, is an alternative and efficacious remedy. Here in this case, instead of approaching the appellate authority, the petitioner straightaway approached this Court and filed the writ petition. Hence, this Court is not inclined to go into the said aspect. 4. So far as the other aspect i.e. sending of second sample to an independent agency, is concerned, it is always open for the licensee to request the authority concerned to send the second sample to an independent agency within a particular period, as provided for under Rule 27 of the A.P.Excise (Grant of Licence to sell Toddy, Conditions of Licence and Tapping of Excise Trees) Rules, 2007 (for short "the Rules"). In the case on hand, when the petitioner has already submitted explanation dated 23.11.2009 requesting the respondent to send the second sample to an independent agency so as to know the correctness of the analyst report, as provided for under Rule 27 of the Rules, the respondent has no option except to consider the same and pass appropriate orders. 5. In view of the foregoing discussion, the respondent is hereby directed to consider the explanation of the petitioner dated 23.11.2009 and pass appropriate orders, within a period of ten (10) days from the date of receipt of a copy of this order. 6. Accordingly, this writ petition is disposed of. There shall be no order as to costs. _____________________________ GOPALA KRISHNA TAMADA, J 25th November, 2009 Note: Furnish C.C. by three days (b/o) cbs THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.25588 of 2009 (Disposed of) 25th November, 2009 Note: Furnish C.C. by three days (b/o) cbs