IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 16852 of 2003 Between: M/s. Sri Vardhaman Chemicals, 11-59/22/1, K.c.S.R. Complex, Jumma Masjid Street, Vijayawada-1, Rep. by its Proprietor Mr. Bharath Kumar S/o Parasmal Jain, 26 years, R/o Jumma Masjid Street, Vijayawada ..... PETITIONER AND 1 Rhe Station House Officer, Police Station Kodad Rural, Nalgonda District. 2 The Deputy Commissioner of Prohibition and Excise, Mahaboobnagar Division, Mahaboobnagar District. 3 Mohd. Saleem, Md. Saleem Kirana & General Merchants, Gudur, Warangal District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ, order or direction more particularly one inthe nature of Writ of Mandamus declaring the action of the 1st respondent in seizing 208 bags of Aluminium Ammonium Sulphate (Alum) each 48 Kgs, on 12-12-2002 in Crime No.180 of 2002 of Police Station Kodad Rural Nalgonda District as illegal, arbitrary and without jurisdiction and consequently direct the respondents to return 208 bags of Aluminium Ammonium Sulphate (Alum) infavour of the petitioner and pass. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.1: GP FOR HOME Counsel for the Respondent No.2: GP FOR EXCISE The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the first respondent in seizing 208 bags of aluminium ammonium sulphate (alum) each 48 kg on 12.12.2002 in Crime No.180 of 2002 of Police Station, Kodad Rural, Nalgonda District, as illegal and arbitrary and consequently to direct the respondents to return 208 bags of alum. A perusal of F.I.R.No.180, dated 12.12.2002 of Police Station, Kodad goes to show that a case has been registered under Sections 7(a) and 8(b) of A.P. Prohibition Act on the ground that the accused person namely Lunavath Chandu transporting 208 bags of alum each bag weighing 48 kg and four bags of black jaggery each bag weighing 50 kg and also 6 litres of ID liquor in two polythene covers in the cabin of the lorry bearing No.AP-26-T-8667. No doubt the alum and jaggery are not prohibited commodities. But, if the said commodities are used for the purpose of manufacturing of liquor, the said things, vessels, apparatus, vehicles etc. are also liable to be seized and confiscated. Whether 6 litres of ID liquor was found in the said lorry or not, and whether the said alum and jaggery were meant for manufacturing of illicit liquor or not, are the matters to be placed before the Deputy Commissioner of Prohibition and Excise who is the competent authority to conduct an enquiry with regard to confiscation of seized goods as well as the lorry. The petitioner claims to be the owner of the said stocks, but not the lorry. That being so, as the appropriate proceedings are said to have been initiated before the second respondent, it is for the petitioner to adduce evidence to the effect that the said goods are not meant for manufacturing of illicit liquor for illegal sale. Having regard to the facts of the case, the writ petition is dismissed with liberty to approach the second respondent claiming the seized goods and for passing appropriate orders in accordance with law. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:30.04.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SRAVAN}