IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE NINTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 15845 of 1999 BETWEEN: Smt N Shahsikala rep by her power of Attorney Holder Sri B K Devanand. ... PETITIONER AND 1 The Commissioner of Prohibition & Excise, Hyderabad 2 The Deputy Commissioner of Prohibition & Excise Mahaboobnagar District. 3 The Deputy Commissioner of Prohibition & Excise, Anantapur District. 4 The Deputy Commissioner of Prohibition & Excise, Kurnool 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 a Writ, Order or direction particularly one in the nature of Writ of Certiorari calling for records pertaining the Impugned order of the 1st Respondent vide Proceedings No. Cr. No. 3589/DPE/98/B2 dated 27/5/1999 and quash the same as being arbitrary illegal and constitutional and pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice. Counsel for the Petitioner: MR.VIJAY KUMAR DEVINENI Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: Heard both the counsel. 2. Petitioner, Smt. N. Shashikala, represented by her General Power of Attorney Holder, filed this Writ of Certiorari to quash the proceeding of the Commissioner, Prohibition and Excise, in Cr.No.3589/DPE/98/B2 dated 06.05.1999 attested on 27.05.1999 in dismissing the batch of appeals filed by Late T. Krishna Murthy, husband of the petitioner, against various confiscation orders confiscating the lorries and the seized goods by the concerned Deputy Commissioners of Prohibition and Excise. By the aforesaid order all the appeals have been dismissed and questioning the same this writ petition has been filed. 3. It is the case of the petitioner that her late husband owned the following vehicles: (1) KA 05 A 2835, (2) KA 05 A 2796, (3) KA 05 A 8169, (4) CAS 3650, (5) KA 05 A 552, (6) KA 05 A 9576, (7) TN 74 A 3538, (8) KA 5697, (9) KA 05 A 7326, (10) NL 5 A 7299, (11) NL 01 A 4374, (12) KA 05 A 3419, (14) MH 31 W 4643 and (15) KA 05 N 5835. The aforesaid vehicles were seized and confiscating proceedings have been passed by the concerned Deputy Commissioners of Prohibition and Excise of Mahaboobnagar, Ananthapur and Kurnool – respondents 2 to 4. Against the said confiscation orders, appeals have been filed, which were dismissed by the impugned order. Petitioner submits that her late husband has not committed any offence as alleged by the respondents and the confiscation orders passed by the respondents 2 to 4 as confirmed by the first respondent are illegal and arbitrary. She further submits that no notice has been issued under Section 13(C) of the Andhra Pradesh Prohibition and Excise Act and no reasonable opportunity has been given for making a written representation and the Commissioner has also not considered the contentions raised in the appeals, therefore the impugned order is illegal and unsustainable. 4. I have perused the entire records and relevant orders. The particulars of the appeal numbers, orders of confiscation, vehicle numbers, crime numbers and the Station House Officers under which the case is registered are furnished as follows: Sl. No Appeal Date/No D.C’s orders of Confiscation. Tanker No. Consignment involved. Crime in which involved S.H.O. under which the case is booked 2 3 4 5 6 . 18-12-98/ 3589/98 B3/1997/98, Dt: 05-10-98 DC. MBNR KAO5A-2835 12000 B.Ls of E.N.A 475/97-98, Dt: 21-8-98 Wanaparthy . 18-12-98/ 3585/98 B3/2000/98, Dt: 05-10-98 DC. MBNR KAO5A-2796 12000 BLs of R.S. 474/97-98, Dt: 21-8-98 -do- . 18-12-98/ 3586/98 B2/718/98/B2, Dt: 06-10-98 DC. Ananthapur KAO5A-8169 12000 BLs of R.S. 565/97-98, Dt: 19-8-98 Dharmavaram . 18-12-98/ 3590/98 B2/718/98/B2, Dt: 06-10-98 DC. Ananthapur CAS-3650 12000 BLs of R.S. 565/97-98, Dt: 19-8-98 -do- . 18-12-98/ 3587/98 B2/553/98, Dt: 06-10-98 DC. Ananthapur KAO5A-552 11000 BLs of R.S. 226/97-98, Dt: 17-06-98 Ananthapur . 18-12-98/ 3588/98 B2/1667/98, Dt: 14-09-98 DC. Kurnool KAO5B-9576 12000 BLs of R.S. TN74A-3538 12000 BLs of R.S. } No appeals 226/97-98, Dt: 17-06-98 Dhone . 18-12-98/ 3589/98 B1/1665/98, Dt: 14-09-98 DC. Kurnool KA-5697, 12000 BLs of R.S. 217/97-98, Dt: 22-08-98 Kurnool . 08-02-99/ 480/99 B2/697/98, Dt: 24-12-98 DC. Ananthapur KAO5A-7326 30 Ltrs of R.S. 499/97-98, Dt: 27-08-98 Gooty . 08-02-99/ 482/99 B2/789/98, Dt: 04-12-98 DC. Ananthapur NL5A-7299 30 Ltrs of R.S. 628/97-98, Dt: 26-09-98 Dharmavaram 0. 18-12-99/ 3639/98 B2/790/98, Dt: 04-12-98 DC. Ananthapur NL01A-4374 KL05A-3419 30 Ltrs of R.S. 357/97-98, Dt: 26-09-98 Hindupur 1. 08-02-99/ 481/99 (two tankers) 2. 18-12-98/ 3641/98 209/98/B2, Dt: 24-08-98 DC. Ananthapur KA05A-603, 12000 BLs of R.S. 135/97-98, Dt: 31-01-98 Gooty 3. 18-12-98/ 3647/98 157//97-98, Dt: 24-08-98 DC. Ananthapur MH31W-4643, 10000 BLs of R.S. 03/98, Dt: 09-01-98 Gooty 4. 18-12-98/ 3583/98 B1/1668/98, Dt: 14-09-98 DC. Kurnool KA05N-5835, Tata Sumo 30 Cartons of NDP., Liquor. 141/97-98, Dt: 22-08-98 Pathikonda All the above cases were booked for illegal transportation of RS/ENA from Madhya Pradesh to Karnataka State under fictitious/fake documents moving the consignment under the guise of Petroleum Products or otherwise. Further, when the vehicles were passing through the state of Andhra Pradesh, the same were searched and detained by registering the aforesaid crimes as the said vehicles were transporting illicit liquor without any permit/license or order in contravention of the provisions of the Andhra Pradesh Excise Act and Andhra Pradesh Prohibition Act. 5. The records go to show that while conducting route watch by the concerned Station House Officers the aforesaid vehicles were found transporting rectified spirit (RS)/ENA from M/s. Kedia Distilleries to some of the distilleries at Bangalore and other places of Karnataka State for manufacture of Arrack and I.M.L. On enquiry the drivers revealed that the owner only instructed them to transport RS/ENA, therefore, cases have been registered against the husband of the petitioner. The various crime numbers registered against the owner and the drivers go to show that within a span of a week’s time the owner has moved 13 tankers of RS/ENA running into lakhs of liters deliberately and daringly without any fear of law and in utter violation of the Andhra Pradesh Excise Act, therefore, it cannot be said that the owner had no knowledge or connivance for the transportation of the illicit liquor. 6. Admittedly, the show cause notices have been issued for confiscation proceedings by the concerned SHOs to the accused persons as well to the owner to submit explanation in 15 days and the show cause notices were also served on the owner of the vehicles. As the owner failed to submit explanation within the stipulated time the vehicles were ordered to be confiscated. Against which the owner himself filed appeals and the same have been dismissed. As the owner died his wife - petitioner herein – filed this writ petition through her power of attorney holder. The appellate authority/the Commissioner has considered all the contentions of the appellants and confirmed the findings of the confiscating authority with regard to the involvement of the said vehicles in transporting RS/ENA. A perusal of the crime report goes to show that the owner of the vehicles has been transporting illicit liquor and is committed to this clandestine business. It is stated that the tankers were painted as “Liquefied Petroleum Gas Highly Inflammable on hire with Hindustan Petroleum” etc. these and other methods like modification to the tankers for transportation of RS without being detected in the guise of cooking gas were innovation and invention of the owner in transporting RS/ENA. The desires of the husband of the petitioner are highly dangerous and completely fraudulent. Without the knowledge of the owner the vehicles could not have been designed and modified to transport illicit liquor. The tankers were subjected to a thorough search and scrutiny, then only the nefarious intentions of the husband of the petitioner came to be known and admittedly the confiscated goods/RS was transported without any permit/license. Such a design to transport illicit liquor is without the knowledge of the owner cannot be accepted and the tankers were designed specifically to transport RS/ENA. Therefore, by any stretch of imagination it cannot be said that the husband of the petitioner is an innocent owner of the said vehicles involved in the aforesaid crime. I am of the opinion that both the authorities have rightly come to the conclusion that the vehicles are involved in the crime and liable to be confiscated and they were confiscated. Having regard to the facts and circumstances of the case, I do not see any infirmity legal or otherwise to interfere with the concurrent findings of the both the authorities. The writ petition is accordingly dismissed. There shall be no order as to costs. ______________ V. ESWARAIAH, J June 9, 2008 DSK