The State Of Andhra Pradesh, vs Vasireddy Ganga Raju
2022 Latest Caselaw 4358 AP

       IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

     HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                        &
               HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

                      WRIT APPEAL No.596 OF 2022

The State of Andhra Pradesh, Rep., by its
Principal Secretary, Excise Department,
Secretariat, Velagapudi, Guntur District,
and others.

                                                            ..Appellants

                                      Versus

Vasireddy Ganga Raju, S/o Muttaiah,
Aged about 42 years, Occ: Business,
R/o D.No.1177, Sarnavarigudem Village
and Mandal, West Godavari District.
                                                          ...Respondent

Counsel for the appellants : GP for Prohibition & Excise Counsel for the respondent : Mr. Raja Damoji Rao

ORAL JUDGMENT Dt:21.07.2022

(per Prashant Kumar Mishra, CJ)

This intra-court appeal would call in question the order dated

02.05.2022 passed by learned single Judge in W.P.No.12429 of 2022.

2. By the order under this intra-court appeal, a direction has been

issued to appellant Nos.2 to 4 (respondent Nos.2 to 4 in the writ petition)

to release the Black Jaggery seized from the respondent/writ petitioner on

furnishing appropriate surety by way of executing a personal bond for the

value of Black Jaggery, which has been seized.

3. Having heard the learned Government Pleader for Prohibition &

Excise appearing for the appellants and having considered the material

available on record, we are not convinced that the present matter is fit for

interference in this intra-court appeal.

4. The material on record shows that the black jaggery has been

seized in connection with Crime No.214 of 2022 on the file of Special

Enforcement Bureau, Jangareddygudem Police Station, registered for the

offences under Section 7(B) r/w 8(B) of the Andhra Pradesh Prohibition

(Amended) Act, 2020. It is the apprehension of the appellants that if the

black jaggery is released, the same may be used for manufacturing liquor,

which may endanger the health of the persons, who consumed the same.

The apprehension is not supported by any sufficient material. If the black

jaggery is used for manufacturing liquor, the State can monitor such

activity and take action against the persons involved in such offences, in

accordance with law. In the circumstances, we are not inclined to

interfere with the order under appeal.

5. With the above observation, the Writ Appeal is dismissed. No

costs. All pending miscellaneous applications shall stand dismissed.

PRASHANT KUMAR MISHRA, CJ D.V.S.S. SOMAYAJULU, J Nn

HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE & HON'BLE MR. JUSTICE D.V.S.S. SOMAYAJULU

W.A.No.596 OF 2022

(per Prashant Kumar Mishra, CJ)

Dt:21.07.2022

Nn