THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY
WRIT PETITION NO.24078 OF 2022
ORDER:-
The petitioner, who is in the business of selling White
Jaggery, had established a shop in the name and style of
Venkateswara Agencies, and was carrying on his business
activity from this shop. On 09.05.2022, the Special Enforcement
Bureau authorities had inspected the shop of the petitioner and
seized 137 metric tonnes of White Jaggery and registered a case
against the petitioner in Crime No.5/2022-T.P.Gudem-77 After
seizure of the White Jaggery, the same was kept in the premises
of 3rd respondent. The petitioner contends that the said White
Jaggery is getting damaged and affected due to the rising temperatures and any further storage of the White Jaggery in that manner, would only result in total deterioration of the said White Jaggery.
2. The petitioner contends that mere possession of the White Jaggery cannot be treated to be an offence and in fact the government itself had issued G.O.Ms.No.149, Revenue (Excise- II) Department, dated 18.04.2017 stating that the White Jaggery is not a prohibited commodity and its mere possession or transportation cannot be the cause for seizure.
3. The learned Government Pleader for Prohibition & Excise submits that even though the mere possession of the White Jaggery cannot be a cause for seizure, the petitioner upon being asked to show the source of the said White Jaggery, could not produce any material to show from where the said White Jaggery has been secured. He submits that the inability of the petitioner to produce the necessary material showing the point of purchase of the said White Jaggery had caused the authorities to seize the said White Jaggery.
4. Learned counsel for the petitioner would submit that the petitioner has adequate material and documents to show the source of the said White Jaggery and the said material would be placed before the authorities if an adequate opportunity is given to the petitioner.
5. The learned counsel for the petitioner would also rely upon the orders of this Court in Criminal Petition No.3733 of 2020 dated 08.09.2020 and the orders of the Hon'ble High Court of Telangana at Hyderabad reported as Yaski Laxminarayana Vs. State of Telangana1. In both these judgments, the Learned Judges have taken the view that mere possession or transportation of the White Jaggery is not an offence and as such any stock so seized should be released in favour of the petitioner and that his lawful activity of carrying on business in White Jaggery could not be interfered with.
6. In the circumstances and in view of the foregoing orders of this Court and the High Court of Telangana at Hyderabad, it would be appropriate to dispose of this Writ Petition with a direction to the respondent authorities to release 1 2021 SCC online TS 183 the said White Jaggery seized from the petitioner on furnishing appropriate surety by way of executing a personal bond for the value of White Jaggery which has been seized.
7. Needless to say, the release of the surety shall abide by the result of the confiscation proceedings and the final disposal of Crime No.5 of 2022 -T.P.Gudem-77.
8. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions, pending if any, in this Writ Petition shall stand closed.
___________________________________ JUSTICE K. SREENIVASA REDDY Date: 03.08.2022 KLPD THE HON'BLE SRI JUSTICE K.SREENIVASA REDDY WRIT PETITION NO.24078 OF 2022 Date: 03.08.2022 KLPD