THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13563 of 2010 Dated:16th June, 2010 Between: 1. I.Raju & Anr. ….Petitioners and 1. The Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad & Ors. …Respondents **** THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13563 of 2010 ORDER: This Writ Petition has been filed by I.Raju and Ajmeera Bicha assailing the order dated 11.02.2010 passed in CR.No.663/2009/P&E/B4 on the file of the Deputy Commissioner of Prohibition and Excise, Warangal Division, Warangal, whereby and whereunder the Deputy Commissioner of Prohibition and Excise ordered for confiscation of the vehicle i.e. auto-rickshaw bearing No.AP 36 X 3227 alongwith contraband. 2. The 1st petitioner claims to be the owner of auto-rickshaw bearing No.AP 36 X 3227 and whereas, the 2nd petitioner claims to be the owner of 10 quintals of black Jaggery, 40 K.Gs. of Alam and 25 K.Gs. of Navasagaram. The auto-rickshaw along with the load of black Jaggery, Alam and Navasagaram came to be intercepted by the excise officials on 14.12.2008. The Station House Officer, Dornakal P.S., Warangal, registered a case in Crime No.90 of 2008 for the offence under Section 34(a) of A.P.Excise Act, 1968, against the petitioners and remanded them to judicial custody. The contraband along with the vehicle produced before the Deputy Commissioner of Prohibition and Excise, Warangal Division-2nd respondent, under Section 46 of the A.P. Excise Act, 1968 r/w. Section 13 of A.P. Prohibition Act, 1995. The Deputy Commissioner of Prohibition and Excise, Warangal Division, issued show-cause notice to the petitioners proposing confiscation of seized contraband along with the vehicle i.e. auto- rickshaw. The petitioners did not choose to submit any explanation. The Deputy Commissioner of Prohibition and Excise, considered the material brought on record and proceeded to pass the impugned order dated 11.02.2010 confiscating the contraband along with the vehicle. The petitioners filed an appeal before the Commissioner of Prohibition and Excise, A.P., Hyderabad-1st respondent and they also moved an application to condone the delay of 44 days in filing the appeal. The delay condonation petition is stated to be pending before the Commissioner of Prohibition and Excise, A.P., Hyderabad-1st respondent. Hence, the petitioners approached this Court invoking the jurisdiction under Article 226 of the Constitution of India. 3. Heard learned counsel appearing for the petitioners and learned Government Pleader for Prohibition and Excise appearing for the respondents. 4. Learned counsel appearing for the petitioners submits that the vehicle has been released to the 1st petitioner for interim custody pending the proceedings before the Deputy Commissioner of Prohibition and Excise, Warngal Division-2nd respondent. A further submission has been made that possession of black Jaggery, Alam and Navasagaram is not illegal and therefore, the order of confiscation of the vehicle and the seized stock is liable to be set aside. 5. Since the appeal filed by the petitioners is pending before the Commissioner of Prohibition and Excise, A.P., Hyderabad-1st respondent, I am not inclined to go into the merits of the case. I deem it appropriate to dispose of the Writ Petition directing the Commissioner of Prohibition and Excise, A.P., Hyderabad-1st respondent to consider the appeal filed by the petitioners and pass appropriate orders thereon. Till the disposal of the appeal filed by the petitioners, the orders passed by the Deputy Commissioner of Prohibition and Excise, Warangal Division-2nd respondent, is kept in abeyance. The respondents are directed to give the vehicle i.e. auto- rickshaw bearing No.AP 36 X 3227 to the 1st petitioner for interim custody pending disposal of the appeal before the 1st respondent, subject to the 1st petitioner executing a personal bond for Rs.50,000/- (Rupees Fifty thousand only) with one surety to the satisfaction of the Deputy Commissioner of Prohibition and Excise, Warangal Division. The 1st petitioner shall not alter or alienate the features of the auto- rickshaw bearing No.AP 36 X 3227 till the disposal of the appeal filed by him. 6. Accordingly, the Writ Petition is disposed of at the admission stage. No costs. ______________________ B.SESHASAYANA REDDY, J. Date:16th June, 2010. cs THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Writ Petition No.13563 of 2010 Dated:16th June, 2010