THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.37050 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the 2nd respondent in not directing the 3rd respondent to release the petitioner's vehicle, viz., Mahendra Bolero Goods Carriage, bearing Registration No.TS 08 UF 5301, seized in connection with FIR No.108 of 2022 dt.13.09.2022 on the file of the 3rd respondent, as illegal, arbitrary and unconstitutional.
2. Heard counsel for the petitioner; learned Government Pleader for Prohibition and Excise appearing for respondent Nos.1 and 2; learned Government Pleader for Home appearing for respondent No.3 and with their consent, the Writ Petition is taken up for hearing and disposal at the stage of admission.
3. Petitioner contends that he is the registered owner of the subject vehicle, viz., Mahendra Bolero Goods Carriage, bearing Registration No. TS 08 UF 5301, and that the said vehicle was seized by the respondents-authorities, on 13.09.2022, alleging illegal transportation of 30 bags of black Jaggery, each weighing about 50 kgs., and 20 kgs. of alum, by registering a case in FIR No.108 of 2022 dt.13.09.2022 on the file of the 3rd respondent. 2
4. Petitioner further contends that mere transportation of black jaggery and alum are not prohibited and the authorities have to invariably record their 'reason to believe' that black jaggery and alum are likely to be used for preparation of ID liquor, and only upon recording such finding, the authorities can seize the goods as well as the conveyance, in which, the said goods are being transported, as has been held by the Full Bench of this Court in Ganesh Traders (Kirana and General Merchants), Dhermapuri, Karimnagar District v. District Collector, Karimnagar and others1.
5. The petitioner also contends that the Government, by issuing Memo dt.20.12.2010, had directed the respondents-authorities not to seize the vehicle carrying black jaggery/rotton jaggery or any other form of jaggery to be an agricultural produce or its bio-products, merely on the ground that such goods are intended for preparation of ID liquor, when the same are accompanied by valid documents.
6. Per contra, learned Government Pleader for Prohibition and Excise would submit that, on petitioner's vehicle being stopped by the 3rd respondent, it was found in illegal possession/transportation of huge quantity of black jaggery and alum; and that on being enquired 1 2002(1) ALD 210 = 2002(1) ALT 611 3 with the driver of the vehicle, he had confessed to the fact of carrying the quantity of black jaggery and alum and did not produce any valid documents of its purchase and transportation, and accordingly, the respondent authorities have seized the subject goods under the cover of panchanama and registered a case, vide FIR No.108 of 2022.
7. Learned Government Pleader, while bringing to the notice of this Court the judgments of the Hon'ble Supreme Court in State of Karnataka v. Krishnan2 and a Full Bench of this Court in Ganesh Traders (1 supra), would submit that this Court had an occasion to consider similar issue in W.P.No.34566 of 2022, and that when valid documents, covering the goods under transportation, have not been produced, the petitioner therein was directed to approach the 2nd respondent, i.e. the Deputy Commissioner of the concerned area, and make an application seeking release of the seized vehicle. Since, in the facts of the present case, as the petitioner is similarly placed, he should also be directed to approach the concerned 2nd respondent being the jurisdictional authority.
8. Having regard to the submissions made and considering the fact that this Court in W.P.No.34566 of 2022, taking note of the law laid down by the Hon'ble Supreme Court in State of Karnataka (2 supra) 2 2000(7) SCC 80 4 and also the judgment of the Full Bench of this Court in Ganesh Traders (1 supra), directed the petitioner therein to approach the concerned Deputy Commissioner of Excise and the petitioner herein is similarly placed, he is also directed to approach the 2nd respondent by making an application under Section 46 of the Telangana Excise Act, 1968, seeking release of the subject vehicle i.e. Mahendra Bolero Goods Carriage bearing Registration No. TS 08 UF 5301, seized in connection with FIR No.103 of 2022 on the file of the 3rd respondent. On the petitioner approaching the 2nd respondent and filing application, the said authority shall consider and dispose of the same in accordance with law, keeping in view the law laid down by the Hon'ble Supreme Court in Sunderbhai Ambalal Desai v. State of Gujarat3, as expeditiously as possible, preferably within a period of two weeks from the date of receipt of the application in this regard.
9. Subject to the above direction, the Writ Petition is disposed of.
10. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs.
__________________ T. VINOD KUMAR, J Date:26.09.2022 GJ 3 (2002) 10 SCC 283 5 THE HON'BLE SRI JUSTICE T. VINOD KUMAR Writ Petition No.37050 of 2022 26.09.2022 GJ