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 : 9868 of 2004 Between: Tadakamalla Harinath, S/o Chandraiah, R/o Nehru Gunj, Nalgonda District. ..... PETITIONER AND 1 The Sub-Inspector of Police, I-Town Police Station, Nalgonda, Nalgonda District. 2 The Deputy Commissioner, Prohibition & Excise, Mahaboobnagar Division, Mahaboobnagar 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 Mandamus declaring the action of the respondents in seizing 80 pieces of Black Jaggery each 25 Kgs. 90 Bags of brown colour Jaggery each 30 Kgs. and 9 bags of black jaggery each 5o Kgs. on 18-5-2004 under Crime No.80 of 2004 on the file of P.S.I-Town Police Station, Nalgonda, Nalgonda District from the shop of the petitioner as illegal, arbitrary and without jurisdiction, consequently direct the respondents to release the jaggery stated above in favour of the petitioner Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR HOME Form-NIC-OGS/WP{VSR} 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 : 11611 of 2004 Between: Ganji Ramulu, s/o Narsaiah, r/o Siddipet, Medak District. ..... PETITIONER AND 1 The Deputy Commissioner, Prohibition and Excise, Karimnagar Division, Karimnagar District. 2 The Prohibition and Excise Inspector, Prohibition and Excise Station, Husnabad, Karimnagar 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 in the nature of writ of mandamus declaring the seizure of the Van bearing No.AP-20-T- 6372 together with 49.60 quintals of Black Jaggery under Crime No.453/2003- 2004 dated 04-01-2004 on the file of Prohibition and Excise Station, Husnabad, Karimnagar District as illegal and arbitrary and consequently direct the respondents 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{RS} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NOS.9868 OF 2004 AND 11611 OF 2004 ORDER: In these two matters, the petitioner questions the search and seizure of the petitioners vehicle and black jaggery and this Court granted interim release of the said vehicle and black jaggery subject to fulfillment of certain conditions as per the Full Bench Judgment of this Court in W.P.Nos.19706 of 2000 and 354 of 2001, it may not just and proper for this Court to consider the request of the petitioner either for quashing or for release of the vehicle as the same are subject mater of the regular proceedings for the confiscation before the Deputy Commission of Prohibition and Excise, Mahaboobnagar. Therefore, it is open for either party to take appropriate steps with regard to the confiscation of the said seized vehicle and black jaggery before the concerned Deputy Commissioner of Prohibition and Excise, Mahaboobnagar and pending disposal of the confiscation proceedings, the interim orders passed by this Court shall be treated as interim orders releasing the seized goods. It is also made clear that the bank guarantee or the security given by the petitioner shall continued to be in force pending disposal of the confiscation proceedings. The writ petitions are disposed of accordingly. No order as to costs. _______________ V.ESWARAIAH,J Date: 14-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Sub-Inspector of Police, I-Town Police Station, Nalgonda, Nalgonda District. 2 The Deputy Commissioner, Prohibition & Excise, Mahaboobnagar Division, Mahaboobnagar District. 3 The Deputy Commissioner, Prohibition and Excise, Karimnagar Division, Karimnagar District. 4 The Prohibition and Excise Inspector, Prohibition and Excise Station, Husnabad, Karimnagar District. 5.2CCs to 6.2CD copies