THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY
WRIT PETITION No.33833 OF 2022
ORDER (ORAL) :
The writ petition is filed seeking the following relief/s:- "... to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not returning the FDR for Rs.2,00,000/- bearing receipt No.156750 drawn in A.P. Grameena Vikas Bank, Nalgonda Branch deposited by me at the time of granting interim custody of the vehicle seized in relation to FIR No.514 of 2020 on the file of the 3rd respondent, despite the acquittal of the accused from C.C.No.888 of 2021 dated 14.06.2021 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Suryapet, arose out of FIR No.514/2020 and inspite of the representation dated 07.07.2022 as being illegal, arbitrary, unjust and unconstitutional and to grant such other relief or reliefs ..."
2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Prohibition and Excise.
3. Learned Assistant Government Pleader for Prohibition and Excise produced before this Court, confiscation order dated 01.08.2022 in Crime No.50/2021/B, dated 01.08.2022 passed by the Deputy Commissioner of Prohibition & Excise, Nalgonda Division, wherein, the subject vehicle and contraband of the petitioner were confiscated in exercise of the powers vested in the Deputy Commissioner of Prohibition & Excise, Nalgonda Division under section 13 of Telangana State Prohibition Act, 1995 and section 46 of Telangana State Excise Act, 1968. 2
4. Learned Assistant Government Pleader for Prohibition and Excise further submitted that there is a provision of appeal against the said order dated 01.08.2022. But the same has to be filed before the Commissioner of Prohibition and Excise, Telangana State, Hyderabad within sixty days from the date of receipt of the order as required under section 46(c) of Telangana State Excise Act, 1968. Instead of filing the appeal, the petitioner filed the writ petition. Hence, the same is not maintainable.
5. The relief in the writ petition cannot be granted, merely because the petitioners were acquitted in judgment dated 14.06.2021 in C.C.No.888 of 2021 passed by the learned Principal Junior Civil Judge cum Judicial Magistrate of First Class at Suryapet for the reason that, confiscation proceedings under provisions of Telangana State Excise Act, 1968 and criminal proceedings are independent of each other. Hence, the petitioner is directed to file an appeal challenging the confiscation order dated 01.08.2022.
6. With the above direction, the writ petition is disposed of. No costs.
Miscellaneous Applications, if any, pending in the writ petition shall stand closed.
_________________________ B. VIJAYSEN REDDY, J.
Date: 29.10.2022 ESP/PT 3 THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY 99 W.P.No.33833 OF 2022 Dated:29.10.2022 ESP/PT