IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.36581 of 1998 Between: K.Venkatachalama Reddy S/o.K.Nagi Reddy R/o.Pulivendula (Post and village) Cuddapah District. ..... PETITIONER AND 1 The Commissioner of Prohibition and Excise Andhra Pradesh Hyderabad. 2 The Deputy Commissioner of Prohibition and Excise Ananthapur Division Ananthapur. .....RESPONDENTS 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 call for the records relating to the proceeding C.R.No.2335/98/DPE/B2 dt.5-11-98 passed by the 1st respondent, the Commissioner of Prohibition and Excise, Andhra Pradesh, Hyderabad and to setaside the same as illegal,arbitrary by issuing Writ of CERTIORARI and consequently direct the respondents to release the Jeep bearing registration No: MP-24-G-0364 to the petitioner and pass Counsel for the Petitioner: MR.M.GANGA RAO Counsel for the Respondent : GP FOR PROHIBITION & EXCISE FOR R The Court made the following: Form-NIC-OGS/WP{SAM} THE HON'BLE SRI JUSTICE V.ESWARAIAH WRIT PETITION No.36581 of 1998 ORDER: Heard both sides. It is the case of the petitioner that he is the owner of a Jeep bearing No.MP-24-G-364 and while it was transporting 198 bottles of B.P.Whisky each containing 750 ml. in possession of the occupants of the said vehicle, namely, the petitioner and one Pratap Reddy, the said vehicle was seized and detained by registering a case in Cr.No.70/96- 97 of Prohibition & Excise Station, Hindupur, for the offence under Sec.8(b) of the A.P.Prohibition & Excise Act, 1995 (hereinafter referred to as ‘the Act’), figuring the petitioner herein as A1 and Pratap Reddyd as A2, and the vehicle was produced before the Deputy Commissioner of Prohibition and Excise as he was the competent authority to deal with the things which are liable for confiscation, whereas the culprits relating to the offence are liable to be prosecuted before the Criminal Court. It is stated that parallel proceedings are contemplated under A.P.Excise Act as well as A.P.Prohibition and Excise Act. It is a case of the petitioner that the Deputy Commissioner of Prohibition and Excise has not given any opportunity to represent his case, and therefore, the confiscation proceedings passed by the Deputy Commissioner of Prohibition and Excise, Anantapur in Rc.No.64/97/82, dated 13.08.1997, as confirmed by the Commissioner of Prohibition & Excise, A.P.Hyderabad in CR No.2335/98/DPE/B2 are illegal and arbitrary and are liable to be set aside. I have perused both the orders passed by the Deputy Commissioner of Prohibition & Excise, Ananthapur as well as the appellate authority i.e. Commissioner of Prohibition & Excise, A.P.Hyderabad and the relevant records. A perusal of the records go to show that the Sub-Divisional Prohibition & Excise Officer, Penukonda along with staff while conducting check of vehicles at Kodikonda check post, the Jeep in question was found transporting 198 bottles of B.P.Whisky and the occupants of the said vehicle, namely, the petitioner/A1 being the owner of the vehicle and one Pratap Reddy/A2 were found and the said Pratap Reddy/A2 ran away and escaped from the scene and the Excise Personnel could not caught him, whereas the petitioner, being the owner of the vehicle was arrested and a case was registered. Thereafter, the vehicle was produced before the Deputy Commissioner, Prohibition & Excise, Ananthapur for conducting enquiry as to whether the vehicle is liable to confiscated or not and accordingly, issued a show cause notice dated 04.01.1997 calling upon the petitioner as to why the said vehicle shall not be confiscated to the Government under Sec.13 of the Act. It is stated that the said show cause notice was received by the petitioner on 04.01.1997 itself and in fact, he was given an opportunity to appear in person or through counsel on 30.01.1997, but he was neither filed any explanation nor appeared during the enquiry. The receipt of the show cause notice on 04.01.1997 has not been denied. The Deputy Commissioner of Prohibition & Excise, Ananthapur, after perusal of the material, found that the petitioner being the owner of the said vehicle was present while transporting the intoxicating liquor in contravention of the provisions of the Act, and hence, it cannot be said that the petitioner had no knowledge about the said clandestine transportation of intoxicating liquor and that he is not involved in the said offence, and therefore, the confiscating authority passed the order, confiscating the said Jeep under Sec.13 of the Act. The appeal filed against the said order was dismissed by the Commissioner of Prohibition & Excise, A.P.Hyderabad, and hence the petitioner approached this Court with the present writ petition. It is stated that no reasonable opportunity of hearing was given to the petitioner and no show cause notice was served. But in the counter affidavit, it is stated that show cause notice was served on 04.01.1997 giving reasonable opportunity to the petitioner to appear before Enquiry on 30.01.1997, but the petitioner has failed either to file explanation or to appear before the enquiry, and therefore, confiscation order was passed. In view of the aforesaid facts and circumstances, it cannot be said that the petitioner had no knowledge about the illegal transportation of intoxicating liquor in his vehicle, in contravention of the provisions of the Act and that no reasonable opportunity was given to him before passing the impugned order. In view of the facts and circumstances of the case, I do not see any infirmity or illegality in the impugned order, warranting interference with the same. The Writ Petition is, accordingly, dismissed. No order as to costs. _____________________ V.ESWARAIAH,J Dated: 21.04.2008 Dsr .... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Commissioner of Prohibition and Excise Andhra Pradesh Hyderabad. 2 The Deputy Commissioner of Prohibition and Excise Ananthapur Division Ananthapur. 3 2. 2CCs to 4. 2CD copies