IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 10898 of 2009 Between: Mehar Chand S/o Sri Chittar Ram HQ MC EME Secunderabad(AP) ..... PETITIONER AND 1 The Commissioner A.P State Prohibition & Excise Nampally Road, Hyderabad(AP) 2 The Deputy Commissioner A.P State Prohibition & Excise Nampally Road, Hyderabad(AP) 3 The SHO I/C Secunderabad PS Prohibition & Excise Secunderabad (AP) .....RESPONDENTS Counsel for the Petitioner: MR.B.SREE RAMA KRISHNA Counsel for the Respondents: GP FOR PROHIBITION & EXCISE The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to set aside Order, dated 14-05-2009, passed by respondent No.1, rejecting the petitioner’s application for release of Maruthi Van bearing registration No.PB-08-A2-9330, seized on the allegation that it was used for transportation of 576 Non Duty Paid Liquor bottles. At the hearing, Sri B.Sreeramakrishna, learned Counsel for the petitioner, made valiant efforts to convince this Court that the impugned order, passed by respondent No.1, suffers from non-application of mind. However, a perusal of the impugned order shows that respondent No.1 arrived at the prima facie conclusion of involvement of the petitioner’s vehicle in transportation of Non Duty Paid liquor on the basis of Panchanama and the petitioner’s alleged confessional statement dated 27-08-2008 to the effect that he supplied Non Duty Paid liquor to as many as four persons named therein. As respondent No.1 prima facie found that the vehicle of the petitioner was involved in transportation of Non Duty Paid liquor, I do not find any error in his order in refusing to release the vehicle pending confiscation proceedings under Section 45 of the Andhra Pradesh Excise Act, 1968. In this view of the matter, the Writ Petition is dismissed. However, respondent No.2 is directed to complete the confiscation proceedings and pass appropriate orders therein within a period of six weeks from the date of receipt of a copy of this order. As a sequel to dismissal of the Writ Petition, W.P.M.P.No.14007 of 2009 filed by the petitioner for interim relief is disposed of as infructuous. ___________________________ (C.V.NAGARJUNA REDDY, J) 25th June, 2009 LUR