THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24448 of 2009 DATE:12.11.2009 Between: R. Srisailam and another ... Petitioners and The Prohibition and Excise Inspector, Station House Officer, Excise Station, Rajendranagar, Rangareddy District and another ... Respondents THE HON'BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24448 of 2009 ORDER: According to the petitioners, they are the owners of autos bearing Nos.AP 28Y 0036 and AP 28V 8615 respectively and eking out their livelihood from and out of the income derived therefrom. While so, on 11.09.2009 the Prohibition and Excise Sub Inspector, Prohibition and Excise Station, Rajendranagar, Rangareddy District, inspected the autos and registered a case in Crime No.559/09-10 on the allegation that toddy was being transported in the autos without valid permit, and later seized the autos as well as the toddy. Immediately thereafter, the 1st petitioner submitted an application before the Deputy Commissioner of Prohibition & Excise, Hyderabad Division - 2nd respondent, seeking release of the autos. However, as no orders have yet been passed by him, they approached this Court and filed the present writ petition. 2. Heard the learned counsel for the petitioners as well as the learned Government Pleader for Prohibition & Excise. 3. No doubt, the autos and the toddy seized on 11.09.2009 are liable for confiscation, if ultimately it is found that transportation of the toddy is illegal. But, as it is submitted by the learned counsel for the petitioners that the petitioners are eking out their livelihood by hiring the autos, this Court takes a lenient view and directs the 2nd respondent to release the autos in favour of the petitioners on their furnishing bank guarantees in a sum of Rs.35,000/- (Rupees Thirty five thousand only) each. Further, the petitioners shall undertake that they will not alienate the autos during the pendency of the enquiry and the criminal case, and they will produce the autos as and when required. 4. With the above directions, this writ petition is disposed of. There shall be no order as to costs. _________________________ GOPALA KRISHNA TAMADA, J 12th November, 2009 Note: Furnish C.C.by four days. (b/o) CBS THE HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.24448 of 2009 (Disposed of) 12th November, 2009 Note: Furnish C.C.by four days. (b/o) CBS