IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 14611 of 2004 Between: 1. M/s.Ramdayal Shankarlal Innani, Mancherial, Adilabad District, represented by proprietor, Ramvallab Innani, S/o Ramdayal Innani, aged about 68 years, R/o Ma Road, Mancherial, Adilabad District. 2. M/s.Om Trading Company, Grain, Kirana, General Merchants, Rep.by its Proprie Om Prakash Innani S/o Shankarlal Innani, aged about 50 years, R/o Main Roa Mancherial, Adilabad District. 3. M/s.Santhosh Enterprises, Rep.by its Proprietor, Upalanchi Prathap S/o Upalanc Ramaiah, aged about 50 years, R/o Main Road, Mancherial, Adilabad District. ..... PETITIONERS AND 1. The Station House Officer, Police Station, Mancherial, Adilabad District. 2. The Circle Inspector of Police, P.S.Mancherial, Adilabad District. 3. The Deputy Superintendent of Police, Mancherial, Adilabad District. 4. The Sub Inspector, Prohibition and Excise, Prohibition & Excise Station, Mancherial, Adilabad District. 5. The Circle Inspector, Prohibition & Excise Station, Mancherial, Adilabad District. 6. The Asst.Superintendent of Prohibition and Excise, Mancherial, Adilabad District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances in the Affidavit filed herein the High Court will be pleased to issue a writ of Mandamus declar action of the respondent and their subordinates in interfering, obstructing and preventi petitioners in carrying on their legitimate business of sale, purchase of jaggery or black jagge Alam inspite of showing bills and waybills evidencing the jaggery and black jagery and Alam possession were purchased and transported to their business premises for sale as illegal, a and without jurisdiction and contrary to circular order dated 12-4-2002 issued by the Commis Prohibition and Excise, Andhra Pradesh, Hyderabad. Counsel for the Petitioner:MR.A.PRABHAKAR RAO Counsel for the Respondent No.: GP FOR PROHIBITION & EXCISE The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.14611 OF 2004 ORDER: The petitioners who are traders of jaggery, black jaggery and Alam seek to issue a writ of mandamus, declaring the action of the respondents in obstructing and preventing them from carrying on their business in purchase and sale of jaggery, black jaggery and Alum in spite of showing bills, way bills evidencing the purchase of the same as illegal and arbitrary. It is stated that in spite of issuing circular by the Commissioner of Prohibition and Excise not to interfere with the sale and purchase of the jaggery and black jaggery under valid purchase and way bills, the respondents are interfering with the carrying on their business. It is not in dispute that the purchase and sale of jaggery and black jaggery are not prohibited items, but at the same time, it is not in dispute that the jaggery and black jaggery can be used as a material for manufacture of the illicitly distilled (I.D) liquor, therefore, anything used for the manufacture of the illicitly distilled liquor such a jaggery, black jaggery and Alum, the vehicle and vessel etc., are also liable for seizure and confiscation. Unless it is established that the purchase and sale of jaggery, black jaggery and Alum are meant for manufacture of illicitly distilled liquor, the right of the petitioners to carry on their business under valid bills and permits cannot be interfered with. It is stated that the police are not interfering with the business activities of the petitioners, but in the counter filed by the 6th respondent, it is stated that against the third petitioner, five cases have been registered relating to the purchase and sale of jaggery and black jaggery and also about the possession of illicitly distilled liquor by one of the purchaser. Whatever the cases have been registered for the purchase or sale of the jaggery and black jaggery for the purpose of manufacture of illicitly distilled liquor, they can always register cases and take appropriate action, but routine activities of the petitioners with regard to the purchase and sale of the jaggery and black jaggery and Alum under the valid purchase bills, documents, the respondents cannot interfere with the rights of the petitioners in carrying on their business. The writ petition is disposed of accordingly. ________________ V.ESWARAIAH,J Date:16-06-2008 Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1. The Station House Officer, Police Station, Mancherial, Adilabad District. 2. The Circle Inspector of Police, P.S.Mancherial, Adilabad District. 3. The Deputy Superintendent of Police, Mancherial, Adilabad District. 4. The Sub Inspector, Prohibition and Excise, Prohibition & Excise Station, Mancherial, Adilabad District. 5. The Circle Inspector, Prohibition & Excise Station, Mancherial, Adilabad District. 6. The Asst.Superintendent of Prohibition and Excise, Mancherial, Adilabad District. 7. 2 CCs to 8. 2 CD copies.