BAIRAMPALLI ANJAYYA vs The State of TELANGANA and 2 others

I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SECOND DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT PETITION NO: 26462 OF 2022 Between: BAIRAMPALLI ANJAYYA, S/o B.JATAWA, Aged 61 years, Occ.

Lorry Owner, Fl/o H.No.13-1-1236/7'1 , guffa naga, lndira nagar Asifnagar Hyderabad-500067 ...PETITIONER AND 1 The State of TELANGANA, Rep. by its Principal Secretary, Revenue (EXCISE) Department, Secretariat Building, HYDERABAD.

The Deputy Commissioner of Prohibition and Excise, Nalgonda, Nalgonda District 3.

The Station House Officer Excise, Nampally Police Station, Nalgonda District ..,RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the atfidavit filed therewith, the High Court may be pleased to issue writ or order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondent No.2 in not passing orders directing the 3rd Respondent here in to release the Petitioner RE MAXIMA C BS lll, Three Wheeled Goods Vehicle Bearing Registration No.

TS13U80673 Chasis No.

MD2A72AZ,8GWG06B23.

Engine No.

BBZWGC41001' seized in PCR NO.

19 ot 2022 Dl.

11.05.202 in spite of my readiness to furnish the third party surety, as being illegal, arbitrary and unjust and consequently direct the Respondents to issue necessary orders for release the above said vehicle.

2 lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent Nos.2 and 3 to Release the petitioner vehicle RE MAXIMA C BS lll ,Three Wheeled Goods Vehicle Bearing Registration No.

TS13UB0673 Chasis No.

MD2A72AZ83WG06823, Engine No.

BBZWGC41OO1, seized in PCR NO.

19 of 2022M.

11.05.2022 value of ks.

25,0001- by ailowing the petitioner to furnish the third party surety. ty surety. pending disposal of the Writ petition.

Counsel for the Petitioner: SRI SAGGALA SRIVANI Counsel for the Respondents: GP FOR PROHIBITION EXCISE The Court Eade the following: ORDER l I 1 l // HONOURABLE SRI JUSTICE T.VINOD KUMAR WRIT ITETITION No.2 6462 of 2022 ORDER: This Writ Petition is filed to issue Writ of Mandamus declaring the action of 2nd respondent in not passing orders directing the 3'd respondent to release the petitioner's vehicle Re Maxima C BS III, Three Wheeled Goods Vehicle bearing registration No.TS-13-UB- 0673, Chasis No.MD2A72AZ8GWG06823 Engine No.BBZWGC41001 seized in PCR No.19 of 2022 dt.11-05-2022 in spite of petitioner's readiness to furnish third party security, as being illegal, arbitrary and unjust.

2.

Heard leamed counsel for petitioner and learned Government Pleader for Prohibition and Excise appearing for respondent Nos.l to 3 and perused the record.

With their consent, this Writ Petition is taken up for hearing and disposal at the admission stage.

3.

Petitioner contends that 3'd respondent had seized his vehicle bearing Registration No.

TS-13-UB-0673 on ll-05-2022 alleging that petitioner is carrying alum weighing 45 Kgs. for preparation of ID liquor; that above said conclusion drawn by respondent-authorities is without any basis inasmuch as the sale and possession of alum is not prohibited under the provisions of A.P.

Excise Act, 1968 (for short \- ./ ! / .--.J- 2 'the Act') and unless and until the Authorities bring on record that the same is intended for the purpose of manufacturing of any intoxicant, the same cannot be subjected to seizure.

4.

Petitioner further contends that this Court, in similar circumstances in Criminal Petition No.8904 of 2014 by order dt.07-11-2014 had allowed the Criminal Petition by quashing the criminal case booked against the petitioner therein under Section 34(e) of the Act. f the Act.

It is also contended that since mere carrying of the same cannot be considered as an- illegal activity and when the respondents have seized the conveyance on which person carrying the said goods was seized, this Court in W.P.No.22638 of 20 l8 by order dt.04-07-2018 had directed the respondents therein to release the vehicle upon petitioner furnishing the bank guarantee 5.

Petitioner contends that he is sirnilarly placed like the petitioners in the above two cases and seeks grant of same relief-.

6.

Learned Government Pleader tbr Excise, while opposing the Writ Petition, would vehemently contend that as per Section 34 olthe Act, transportation of any material would be considered AS illegal transportation and possession ofany such material would also have to be considered for the purpose of manufacturing of any intoxicant l // other than roddy ano material being liable I therefore apart from person carrying such transporting the said , for Ptosecution' the conveyances used for ;.;:**;ff,:,., :::::,:,," f.r seizure r.

W.P.No.e47t of20t8 r,,:,r;r'" ;;;;"",^'."'* : 7.

I have taken note of respective submissions.

8.

Though the issue relating to applicability of Section 13(D, 34, 53 and 55 0f the Act by a person who is merery carrying the materiar like alum, black jaggery etc would bring them under the purview of Section 34 of the Act implying that carriage by itself would have to be i impliedly considered for the purpose o1. manufacturing of any intoxicant, is a larger issue and need to be gone into in a matter where a challenge is made to such provision.

9 .

S ince the grievance of the petitioner in the present Writ petition reiates to respondent No.2 not passing orders for release of his vchiclc seized in connecrion with pCR No. l9 of 2022 on il_05_2022, this Court is of the view that since in similar circumstances in W.P.No.22638 of 2018 this Court by order dt. order dt.04_07_2018 directed release of the vehicle involved therein upon furnishing of Fixed 1 ::3:: l Deposit from any Nationalized Bank' petitioner in the present Writ Petition would also be entitled for grant of simitrar relief' 10' In view of the same and for reasons alike' the Writ Petit'ion is disposed of directing the 2nd respondent to telease the petitioner's Re Maxima C BS IIl' Three Wheeied Goods Vehicle' bearing registration No.TS-13-UB-0673' Chasis No'MD2A72AZ8GWG06823 Engine No.BBZWGC41O01' sublect to frnal orders to be passed under Section 46(2) of the Act and on petitioner fumishing Fixed Deposit of Rs.25,000/- (Rupees Twenty Five Thousand only) from any Nationalized Bank in l'avour of the authority as may be intimated by the 2n't respondent and also on production oloriginal RC Book and on further giving an undcrtaking that he will not transfer or alienate the vehicle to any third party in any manner and will maintain the vehicle in good road-worthy condition without changing its maior parts and lcatures and would produce the same as and when directed to bc produced before the competent authority' No costs' I 1.

Consequently, miscellaneous petitions' pending if any' shall stand 1 IITRUE COPYII , SD/-T.SRINIVAS DEPUTY REGISTRAR 6tt SECTION OFFICER To, '1 .

The Principal Secrerarv .l5lv91ue (EXCISE) Department, State of TELANGANA Secretaiiat erittins,'Hyd'E-til6,i6''' 2 IlHrBieuty Commissioner of prohibition and Excise, Natgonda, Nalgonda .=..**: \\ I \ 3.

The Station House Officer' Namally Police Station' Nalgonda District' 4.

One CC to SRI SAGGALA SRIVANI Advocate IOPUCI ; i*"?*:%F,!frssI*?BtTi"* ExcrsE' Hish court ror the State or 6.

Two CD CoPies !

7.

One SPare CoPY' il / \ NPJ BS a, / i I \ HIGH COURT DATED:2210612022 WP.No.26462 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS. \ I t 3 24 luN?En * t D <c €sF/ircH i T4 r4: E ts 1 a o k .a \ ORDER I