Andhra Pradesh High Court - Amravati
The vs State Of Telangana1. In Both These on 2 May, 2022
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.12429 of 2022
ORDER:-
The petitioner who is in the business of selling
Jaggery had established a shop at Santha Market, adjacent to
Trinetha Hospital, Jangareddigudem and was carrying on his
business activity from this shop. On 12.03.2022, the Special
Enforcement Bureau authorities had inspected the shop of the
petitioner and seized 25,250 kgs of Black Jaggery contained in
1390 boxes and registered a case against the petitioner for
offences Under Section 7(B) r/w 8(B) of the Andhra Pradesh
Prohibition (Amended) Act, 2020 and registered a Crime
No.214/2022 against the petitioner. After seizure of the Black
Jaggery, the same was kept in the premises of the petitioner
itself. The petitioner contends that the said Black Jaggery is
getting damage and affected due to the rising temperatures and
any further storage of the Black Jaggery in that manner would
only result in total deterioration of the said Black Jaggery.
2. The petitioner contends that mere possession of the
Black 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 Black 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
Black Jaggery cannot be a cause for seizure, the petitioner upon
being asked to show the source of the said Black Jaggery, could
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not produce any material to show from where the said Black
Jaggery has been sourced. He submits that the inability of the
petitioner to produce the necessary material showing the point
of purchase of the said Black Jaggery had caused the
authorities to seize the said Black Jaggery.
4. Sri T.Raja Domoji Rao, learned counsel for the
petitioner would submit that the petitioner has adequate
material and documents to show the source of the said Black
Jaggery and the said material would be placed before the
authorities when an adequate opportunity is being 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 Black 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 Black Jaggery could not be interfered with.
6. In the circumstances and in view of the foregoing
orders of this Court and the Hon'ble High Court of Telangana at
Hyderabad, it would be appropriate to dispose of this writ
petition with a direction to the respondent Nos. 2 to 4 to release
the said Black Jaggery seized from the petitioner on furnishing
2021 SCC online TS 183
appropriate surety by way of executing a personal bond for the
value of Black 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.214 of 2022.
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.
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JUSTICE R.RAGHUNANDAN RAO
Date : 02-05-2022
BSM
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.12429 of 2022
Date : 02-05-2022
BSM
