IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 16615 of 2001 BETWEEN: Kanyaka Parameshwari Traders (Kirana & General), Rep by its Prop: R. Purnachander Rao S/o Pullaiah, Ganesh Market, Mirayalaguda, Nalgonda District. ... PETITIONER AND 1 The Deputy Commissioner of Prohibition and Exercise, Mahaboobnagar, Mahaboobnagar District. 2 Prohibition and Exercise Station, Miryalaguda, Miryalaguda, Nalgonda District. 3 Station House Officer, P.S., Miryalaguda, Miryalaguda, Nalgonda District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents herein in seizing the alum of 208 bags i.e., 10tonnes (10,000kgs) in P.R.No.268/2001-2002, dt: 13.7.2001 pertaining to the petitioner herein is illegal and viod, arbitrary and the respondents may be further directed to release the said Alum belonging to the petitioner in the interest of justice and equity and pass such other order or orders. Counsel for the Petitioner: MR.G.RANA PRATAP Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Petitioner questions the action of the respondents in seizing 10,000 Kgs of alum and 30 Kgs of Black Jaggery in P.R.No.268/2001-2002 dated 13.07.2001 as illegal and arbitrary. 2. This Court while admitting the writ petition directed the respondents to release the said alum and jaggery pending further orders. A perusal of the crime and occurrence report goes to show that on 13.07.2001, the excise officials inspected the unauthorized stock godown of the petitioner bearing No.11-151 situated in Seetharampuram Street, Miryalaguda Town and seized the alum and jaggery on the ground that the said alum and jaggery are the basic raw materials for the manufacture of the ID Liquor and that the said stock was found without permission; therefore, possession of alum and jaggery is in contravention of Section 34(e) of the Andhra Pradesh Excise Act, 1968 and Section 8(e) of the Andhra Pradesh Prohibition Act, 1995. 3. Admittedly, alum and jaggery are not excisable articles and no permission is required to store them. The petitioner is a registered trader to deal with several other items including alum and jaggery and that the petitioner stated that he purchased the alum and jaggery under a valid and reasonable permit. If that be so, I am of the opinion that the said alum and jaggery, which are not excisable articles, cannot be seized. Under Section 34(e) of the Excise Act, unless there is material to show that the alum and jaggery, found in possession of an individual, are for the purpose of manufacturing any intoxicant/illicit liquor, the same are not liable for confiscation and mere possession of alum and jaggery is not prohibited. However, there is no allegation that the said alum and jaggery found, is for the purpose of manufacturing illicit liquor. In view of the aforesaid facts and circumstances of the case, I am of the opinion that the aforesaid registration of crime is contrary to law as the seized goods are not excisable articles. The writ petition is accordingly allowed. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 16, 2008 DSK