P.Venkateswarao vs The State Of Andhra Pradesh,
2022 Latest Caselaw 5239 AP

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

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