IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 24466 of 2004 Between: Chitikesi Sadasivudu, S/o. Punnamchander, R/o. Parkal, Warangal District. ..... PETITIONER AND 1 The Prohibition & Excise Inspector, Prohibition & Excise Station, Parkal, Warangal District. 2 The Dy. Commissioner, Proh&Exicse, Warangal Division, 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 Issue a Writ, Order or Direction more particularly one in the nature of Writ of Cetiorari calling for the records relating to Order Dt. 29.09.2003 in Cr.No.1796/P&E/2002/B5 passed by the 2nd respondent herein and Quash the same by declaring it as illegal, arbitrary and without jurisdiction and to pass such other necessary order or orders as this Honourable Court deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : Form-NIC-OGS/WP{JGK} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.24466 OF 2004 ORDER: The petitioner questions the confiscation order made by the Deputy Commissioner of Prohibition and Excise, Warangal Division dated 29-9-2003 in CR.No.1796/P&E/2002/B5 in confiscating the seized goods i.e., black jaggery and alam supplied to the so-called I.D.Liquor manufacturers as illegal and arbitrary. The learned counsel appearing for the petitioner submits that in fact, launching of criminal prosecution in Crime No.261/2002-03 dated 27-8-2002 for the offence punishable under Section 46 of the A.P.Prohibition Act on the file of the Prohibition and Excise Station, Parkal itself has been quashed by this Court in Criminal Petition No.6135 of 2004 dated 29-12-2004 and therefore, the impugned confiscation proceedings passed by the second respondent dated 29-9- 2003 are unsustainable. The learned Government Pleader appearing for the respondents submits that initiation of confiscation proceedings from that of the criminal prosecution is independent and separate. Whether the confiscation proceedings are initiated or not and whether the accused is acquitted or convicted, confiscation proceedings can be proceeded with. But, the learned counsel appearing for the petitioner submits that basing on the self same registration of Crime No.261/2002-03 dated 27- 8-2002, both criminal prosecution as well as confiscation proceedings have been initiated and as the criminal proceedings themselves have been quashed, there is nothing on record on the file of the Excise Department to initiate the confiscation proceedings. I am of the opinion that as the impugned order is appealable before the Commissioner of the Prohibition and Exicse under Section 46(c) of the A.P. Excise Act, it is just and proper for the appellate authority to appreciate the rival contentions and pass appropriate orders. Accordingly, the writ petition is disposed of, permitting the petitioner to file an appeal before the Commissioner of Prohibition and Excise, within two weeks from the date of receipt of copy of this order questioning the confiscation order of the Deputy Commissioner of Prohibition and Exicse, Warangal Division and on filing such appeal, the same may be considered and disposed of on merits in accordance with law. No order as to costs. ________________ V.ESWARAIAH,J Date: 14-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Prohibition & Excise Inspector, Prohibition & Excise Station, Parkal, Warangal District. 2 The Dy. Commissioner, Proh&Exicse, Warangal Division, Warangal District. 3.2CCs to 4.2CD copies