M/S. Godawari Power And Ispat Ltd. vs The State Of Andhra Pradesh,
2021 Latest Caselaw 1705 AP

       THE HON'BLE SRI JUSTICE BATTU DEVANAND
                 Writ Petition No.6598 of 2021


JUDGMENT:

This Writ Petition has been filed under Article 226 of

Constitution of India declaring the action of the respondents

4 and 5 in seizing the goods "Alloy Steel Wire Rods weighing

27.870 MT" being carried in the vehicle bearing No.AP 31 TF

6967 by registering a Crime No.29 of 2021 of Prohibition and

Excise Station, Bheemunipatnam, Visakhapatnam District as

illegal, arbitrary and unconstitutional and to direct the

respondents to release the seized goods and to pass such

other order in the interests of justice.

2. Heard Sri N.Viswanadh, learned counsel appearing on

behalf of Sri D. Purna Chandra Reddy, learned counsel for

the petitioner and learned Government Pleader for Prohibition

and Excise. Perused the material available on record. With

the consent of both the learned counsel, this Writ Petition is

being disposed at the stage of admission.

3. Learned counsel for the petitioner submits that the

petitioner's firm is manufacturer of goods i.e., "Alloy Steel

Wire Rods". The Coastal Shipping and Logistics,

Visakhapatnam purchased alloy steel wire rods from the

petitioner company. The petitioner company is situated in the

state of Chattisgarh at Raipur and engaged the services of one

Jagdish Transport for transporting the said goods to the

Coastal Shipping and Logistics. The said lorry was loaded

with 5.5 mm Alloy Steel Wire Rods at Raipur and even before

the lorry reached Visakhapatnam, it was seized by the

respondents 4 and 5 alleging that some liquor bottles are

transported in the vehicle bearing No.AP31TF6967, in which

the goods of the petitioner are being transported.

4. Learned counsel for the petitioner submits that a case

in Crime No.29 of 2021 was registered by Bheemunipatnam

Excise Station, Visakhapatnam against 5 accused including

the drivers of the lorry and in connection with the said crime,

the lorry bearing No.AP31TF6967 was also seized along with

the goods "Alloy Steel Wire Rods weighing 27.870 MT".

5. Learned counsel for the petitioner would submit that

the petitioner has to deliver the goods to the Coastal Shipping

and Logistics within the time as per the agreement and if the

goods are not delivered, the petitioner firm will incur huge

loss and it will affect the credibility of the petitioner's firm and

sought release of the said goods i.e., "Alloy Steel Wire Rods

weighing 27.870 MT" in favour of the petitioner to enable it to

deliver it to the Coastal Shipping and Logistics at

Visakahaptnam.

6. On the other hand, learned Government Pleader for

Prohibition and Excise submits that the respondents No.4

and 5 seized the vehicle bearing No.AP31TF6967 in

connection with the crime No.29 of 2021 while huge quantity

of liquor bottles are being transported in the said vehicle. The

case was registered against the Accused Nos.1 to 5 and

seizure report was placed before the 3rd respondent for

initiating confiscation proceedings. If the petitioner intends to

seek release of the seized goods pending confiscation

proceedings he has to approach the respondent No.3 who is

the competent authority under Section 46 of the Andhra

Pradesh Excise Act seeking release of seized goods by filing

appropriate application. But the petitioner did not submit any

application to that effect to the 3rd respondent.

7. Having heard the submissions of both the learned

counsel and on perusal of the material available on record, it

appears that the petitioner engaged the vehicle bearing

No.AP31TF6967 belongs to one Jagadish Transport for

delivering the Alloy Steel Wire Rods weighing 27.870 MT"

from Raipur to Visakhapatnam to the Coastal Shipping and

Logistics. The case of the petitioner is that they have no

knowledge about the illegal transportation of liquor bottles in

the said vehicle and even assuming that some liquor bottles

are transported in that vehicle and seized by the respondents

4 and 5, the petitioner is having no connection with the said

alleged offence. The drivers of the vehicle who are accused

No.3 and 4 might have been colluded with the other accused

in Crime No.29 of 2021 might have been transported those

liquor bottles in the said vehicles. But due to the seizure, the

petitioner is not in a position to deliver the goods as per the

invoice to the Coastal Shipping and Logistics at

Visakahaptnam and definitely it will affect the credibility of

the petitioner firm.

8. In such view of the facts and for the above mentioned

reasons in the interests of justice, this writ petition is

disposed of with the following directions.

1. The petitioner shall submit an application before the 3rd respondent seeking release of the goods i.e., Alloy Steel Wire Rods weighing 27.870 MT belongs to the petitioner within a period of seven days from today.

2. On receipt of such application from the petitioner, the 3rd respondent shall consider and release the seized goods i.e., Allot Steel Wire Rods weighing 27.870 MT belongs to the petitioner, which was seized from the vehicle bearing No.AP31TF6967 in connection with the Crime No.29 of 2021 of Prohibition and Excise, Bheemunipatnam, Visakahpatnam on furnishing of bank guarantee equivalent to 50 per cent of the value of the seized goods within a period of two (2) weeks.

There shall be no order as to costs. As a sequel,

miscellaneous petitions, if any, pending in this case shall

stand closed.

______________________ BATTU DEVANAND, J

Date: 23.3.2021

Note:

Furnish C.C. tomorrow.

B/o GR

THE HON'BLE SRI JUSTICE BATTU DEVANAND

Writ Petition No.6598 of 2021

Date: 23.3.2021

GR