IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD MONDAY, THE FIRST DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 383 of 2009 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 31/10/2008 in WP NO : 20705 OF 2004 on the file of the High Court.) Between: Sri Ram Raj Gopal, S/o Krishna Rao, R/o Jaggaiahpet, Krishna District. ..... APPELLANT AND 1 The Commissioner of Prohibition and Excise, Andhra Pradesh. Hyderabad. 2 The Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal. 3 The Station House Officer, (Prohibition and Excise), Palvancha,Khammam District. .....RESPONDENT(S) Counsel for the Appellant: SRI P.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 383 of 2009 JUDGMENT: (Per the Hon’ble Sri JusticeSanjay Kumar ) The present writ appeal is filed by the unsuccessful petitioner in W.P.No.20705 of 2004, aggrieved by the order dated 31.10.2008 passed by the learned single Judge dismissing the writ petition. The appellant herein challenged the order dated 12.10.2004 passed by the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad, confirming the order of the Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal, dated 19.11.2003 confiscating the appellant’s lorry bearing No.AP 16 X 5141. The facts leading up to the confiscation of the lorry of the appellant herein are that the Prohibition and Excise Inspectors of Palavancha and Kothagudem along with their staff conducted raids upon the vehicles proceeding to Shikharam Banja Village, upon receiving information about the manufacture of illicit distilled liquor (I.D. liquor). In the course of this exercise, the appellant’s lorry was also stopped and subjected to search and upon finding that the lorry contained black jaggery to the tune of 16000 kgs, the lorry was seized under panchanama and Crime No.279 of 2002-2003 was registered under Section 7-A read with Section 8(e) of the Andhra Pradesh Prohibition Act, 1995 and Sections 34(e) and 39 of the Andhra Pradesh Excise Act, 1968. Upon furnishing bank guarantee, the interim custody of the lorry was ordered in favour of the appellant without prejudice to the confiscation proceedings under the Prohibition and Excise Acts. The steps taken by the appellant seeking release of his lorry met with failure before the Deputy Commissioner of Prohibition & Excise, Warangal Division and thereafter, in appeal before the Commissioner, Prohibition & Excise, A.P., Hyderabad, the same was confirmed. The said orders were subjected to challenge before the learned single Judge. The learned single Judge having found that a show cause notice was issued to the appellant in respect of the offences alleged to have been committed by him, recorded a specific finding that there was no specific allegation in the show cause notice that the appellant’s lorry was involved in supplying black jaggery to the I.D. liquor manufacturers of Shikharam Banja Village. The specific contention raised before the learned single Judge on behalf of the appellant was that as the lorry was not seized at a place where ID liquor was manufactured, it could not be connected with an excise offence. This submission was not considered in the light of the clear finding recorded by the learned single Judge himself that there was no allegation in the show cause notice with regard to the lorry being involved in any excise offence. In view of the clear finding recorded by the learned single Judge that no allegation was levelled against the appellant-petitioner with regard to the involvement of his lorry in the supply of black jaggery to ID liquor manufacturers, we are of the opinion that no prima facie case was made out under the Prohibition Act or the Excise Act warranting confiscation of the lorry by the Excise authorities. In view of the same, the writ appeal is allowed setting aside the order of the learned single Judge and directing the excise authorities to unconditionally release the lorry bearing No.AP 16 X 5141 belonging to the appellant. Consequently, the orders of the 1st and 2nd respondents are set aside. However, we make it clear that insofar as the 16000 kgs of black jaggery seized by the Excise authorities is concerned, it is open to the authorities to take necessary action as regards the same in accordance with law. _________________________ Justice T. Meena Kumari ______________________ Justice Sanjay Kumar Nn/Gurc Dated: 1/6/2009 THE HON'BLE SMT JUSTICE T.MEENA KUMARI & THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL NO : 383 of 2009 (Judgment delivered by the Hon’ble Sri Justice Sanjay Kumar ) 1.6.2009