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 : 24597 of 2004 Between: chitikesi Sadasivudu, S/o. Punnamchander, R/o. Parkal, Warangal District. ..... PETITIONER AND 1 The Proh & Excise Inspector, Prohibition & Excise Station, Parkal, Warangal District. 2 The Dy. Commissioner, Prohibition and Excise, Warangal Division, Warangal 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 Certiorari calling for the records relating to Order dt. 31.12.2003 in CR.No.2149/P&E/2002/B5 passed by the 2nd respondent herein and Quash the same by declaring it as illegal, arbitrary and without jurisdiction and to pass such other necessary order or orders as this Honourable Court deem fit and proper in the circumstances of the case. 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{JGK} THE HON’BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION NO.24597 OF 2004 ORDER: The petitioner questions the confiscation order passed by the Deputy Commissioner of Prohibition and Excise. Warangal Division dated 31-12-2003 made in CR.No.2149/P&E/2002/B5 in confiscating the seized goods of black jaggery and Alam belonging to petitioner in Crime No.308/2002-03 dated 21-9-2002 on the file of the Prohibition and Excise Police Station, Prakal. The learned counsel appearing for the petitioner submits that it is not clear from the show cause notice dated 31-10-2003 issued by the Deputy Commissioner of Prohibition and Excise, Warangal Division relating to the confiscation proceedings and the ultimate confiscation proceedings passed by him, whether the offence was registered under the Prohibition and Exicse Act or under the A.P. Excise Act. The show cause notice issued by the second respondent is for the alleged offence said to have been committed under Section 7(a) read with Section 8(e) of the A.P. Prohibition Act, whereas the petitioner was called up on to submit his explanation as to why the seized goods shall not be confiscated under Section 46 of the A.P. Excise Act. However, I am of the opinion that in any case, whether the case was registered under the A.P. Prohibition Act or under the A.P. Excise Act and whether the proceedings passed by the Deputy Commissioner of Prohibition and Excise is valid or legal, the petitioner has got effective alternate remedy before the Commissioner of Prohibition and Excise under both the enactments. However as there is a remedy available to the petitioner under both the Acts to file an appeal against the confiscation order, the petitioner is permitted to file an appeal before the Commissioner of Prohibition and Excise, Hyderabad taking all the legal and factual contentions within two weeks from the date of receipt of copy of this order and on filing such appeal, the Commissioner of Prohibition and Exicse, Hyderabad may entertain the said appeal and pass appropriate orders in accordance with law. The writ petition is disposed of accordingly. No order as to costs. ________________ V.ESWARAIAH,J Date: 14-07-2008. Shr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Proh & Excise Inspector, Prohibition & Excise Station, Parkal, Warangal District. 2 The Dy. Commissioner, Prohibition and Excise, Warangal Division, Warangal District. 3.2CCs to 4.2CD copies