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 2 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
1 2021 SCC online TS 183 3
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.
___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 02-05-2022 BSM 4
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.12429 of 2022
Date : 02-05-2022
BSM