IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 17536 of 2008 Between: M/s. Ramchander Laxminarayan Karwa, a registered Proprietorship firm having its office at 14-7-392/3, Begumbazar, Hyderabad, rep. by its Proprietor, Sri Hari Kishna Karwa, S/o. Late Laxminarayan Karwa. ..... PETITIONER AND 1 The Principal Secretary to Government, Excise Department, Secretariat Buildings, Hyderabad. 2 The Station House Officer, P.S. Raidurgam, Ranga Reddy District. 3 The Commissioner of Excise & Prohibition, Nampally, Hyderabad. .....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 appropriate writ, order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents in seizing the Vehilce Bearing No. AP 12U 2363 along with 140 bags of jagery (Ball shape) consists of 70 quintals valued at Rs.1,22,500/- on 16.07.2008 as arbitrary, illegal and violative of petitioner's fundamental rights guaranteed under Article 14, 19, 21 of the Constitution of India and upon such a declaration direct the Respondents not to indulge into such acts of illegal seizure in the interest of justice and pass Counsel for the Petitioner:MR.MILIND G GOKHALE Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE SRI JUSTICE GODA RAGHURAM W.P.No. 17536 of 2008 Oral Order: The writ petition is filed aggrieved that the respondents have seized the DCM Van bearing registration No. AP 12 U 2363 along with 150 bags of jaggery and a bag containing 1500 sachets of illicit distilled liquor. Crime No. 185 of 2008 was registered on 16-07-2008 for an offence under Section 8 (E) of the Andhra Pradesh Excise Act, 1968 (for short ‘the Act’). The vehicle was intercepted on 16-07-2008 within the jurisdiction of Raidurgam P.S. and found transporting jaggery and 1500 liquor sachets. The petitioner claims that he had sold 140 bags of jaggery of a weight of 70 quintals to M/s. Yashoda Enterprises, a registered partnership firm having its office at Nanakramguda village, Ranga Reddy District and sent the goods (jaggery) through the vehicle and while in transit, the officials of the 2nd respondent Police Station with a view to foist a false case planted 1500 sachets of liquor in the vehicle so as to make out a case of transgression of the provisions of the Act. These are disputed questions of fact which cannot be gone into in a writ petition under Article 226 of the Constitution of India. As and when confiscation proceedings are initiated, the petitioner is at liberty to putforth his defence on any of the grounds that appear appropriate to the petitioner. Insofar as the other relief of release of the vehicle and the goods seized is concerned, the petitioner is at liberty to make an appropriate application to the competent authority for the release of the vehicle and goods seized. As and when such an application is made, this Court is not in doubt the competent authority will pass expeditious orders on such application, on merits. Rejecting the substantial relief as sought in the writ petition, the writ petition is dismissed. No costs. ____________________ GODA RAGHURAM, J Dated: 20-08-2008 pvks