IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11647 of 2004 Between: Ch.Siddi Ramulu S/o Bhoomaiah H.No.1-2-87, Siddipet, Medak District ..... PETITIONER AND 1 The Commissioner Prohibition and Excise of Andhra Pradesh , Hyderabad 2 The Deputy Commissioner Prohibition and Excise, Karimnagar Division, Karimnagar District 3 The Prohibition and Excise Inspector Prohibiton and Excise Station, Huzurabad, Karimnagar 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 will be pleased to to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the order dt. 01/03/2004 made in CR.No.4843/2003/CPE/D4 passed by the1st Respondent in confirming the order dt. 24/01/2003 in Cr.No.278/2002/P&E/B4 issued by the 2nd respondent and also the action of the3rd Respondent in Seizing the vehicle bearing No. AP-15U-3123 together with 106 Gunny Bags totaling 5040 Kgs of Black Jaggery as illegal and arbitrary and consequently direct the Respondent to release the Black jaggery in favour of the petitioner 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{GR} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.11647 of 2004 ORDER: The petitioner is the owner of the vehicle i.e. Eicher Van bearing registration No.AP 15-U-3123 and while the vehicle was transporting 5040 kgs. of black jaggery, the said vehicle was seized and detained along with black jaggery by registering a case in PR.No.288/02-03, dated 12.09.2002 by the Prohibition and Excise Inspector, Huzurabad under Sec.34(e), 41 and 42 of the A.P.Excise Act (hereinafter referred to as ‘the Act’). Thereafter, the Sub-Inspector of Police, Prohibition and Excise, Huzurabad submitted proposals for confiscation of the seized property before the Deputy Commissioner of Prohibition and Excise, Karimnagar Division under Sec.46 of the Act. Based on the said proposals, the 2nd respondent issued a show cause notice dated 16.09.2002, calling upon the petitioner as to why the seized goods shall not be confiscated, for which the petitioner submitted explanation. It is stated that the said jaggery was sent for chemical analysis and the analyst opined that the said black jaggery is fit for fermentation for producing alcohol. It is stated that the said black jaggery and the vehicle was released pursuant to the orders passed by the Judicial First Class Magistrate, Huzurabad granting interim custody of the vehicle on furnishing security of Rs.5 lakhs. The Deputy Commissioner of Prohibition and Excise passed confiscation orders on 24.12.2002 only on the ground that the Investigating Officer has reported that the consignee has derived the purchased order and hence it is construed that the jaggery is meant for some other place i.e. I.D.centers and therefore, it is meant for unlawful use. It is stated that the offence committed by the petitioner is established beyond all reasonable doubt relating to the illegal transportation/possession of the jaggery, which is punishable under Sec.34(e), 41 and 42 of the Act. Aggrieved by the said order, the petitioner filed appeal under Sec.46(c) of the Act, and the Appellate Authority-the Commissioner of Prohibition and Excise also dismissed the appeal by order dated 01.03.2004. Aggrieved by the same, the present writ petition has been filed. The only question that arises for consideration in the present writ petition is whether there is any evidence whatsoever to establish that the petitioner was found transporting black jaggery only for the purpose of manufacturing of any intoxicant liquor. A perusal of the orders of both the authorities goes to show that none of them have applied their mind, and the contents of the panchanama and occurrence report was not at all discussed and the explanation of the petitioner was not at all considered. Under Sec.34(e), whoever contravenes the provisions of the Act, Rules, notifications and orders, terms and conditions of the licence or permit, uses, keeps, or has in possession any materials, stills, utensils, implements or apparatus whatsoever for the purpose of manufacturing any intoxicant other than the toddy is liable to be punished for imprisonment. But in the instant case, there is no material to prove that the petitioner has found in possession of the black jaggery only for the purpose of manufacturing of intoxicant liquor and he is liable to be punished, and such black jaggery which is a material for manufacturing of intoxicant is also liable to be confiscated under Sec.45 of the Act. Admittedly, black jaggery is not prohibited material under the Act and the Rules made thereunder. No permission is required for possession, purchase and sale of the black jaggery. If that be so, I am of the opinion that though the black jaggery is raw material for manufacturing of intoxicating liquor, but unless and until it is established that the said black jaggery found in possession of the petitioner is meant for manufacturing of any intoxicant liquor, the said black jagger as well as the vehicle is not liable for confiscation. There is no material to show that the black jaggery is being used by the petitioner for manufacturing of any intoxicant liquor. In view of the above facts, I do not see any justification on the part of the respondents in confiscating the vehicle as well as the black jaggery of the petitioner and hence the impugned order is liable to be set aside. The Writ Petition is, accordingly, allowed, setting aside the impugned order, and the security given earlier by the petitioner for release of the vehicle and the black jaggery shall stands discharged. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 21.07.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner Prohibition and Excise of Andhra Pradesh , Hyderabad 2 The Deputy Commissioner Prohibition and Excise, Karimnagar Division, Karimnagar District 3 The Prohibition and Excise Inspector Prohibiton and Excise Station, Huzurabad, Karimnagar District 4 2. 2CCs to 5. 2CD copies