Uvyyala Anil Kumar vs The State Of Telangana And 3 Others
2022 Latest Caselaw 3570 Tel

      THE HON'BLE SRI JUSTICE T.VINOD KUMAR

              WRIT PETITION No.28555 of 2022
O R D E R:

This Writ Petition is filed questioning the inaction of

respondents in particular 3rd respondent in considering the

representation dt.17-05-2022 made by petitioner and dispose of the

same as per the Telangana Excise Act, 1968 (for short 'the Act) for

release of petitioner's vehicle bearing No.AP-16TJ-2344 involved

in the alleged excise offence in Cr.No.70/2021 registered under

Section 34-E of the Act of Chinna Gudur Police Station by

declaring the same as highly illegal and arbitrary.

2. Heard Sri M.N.Narasimha Reddy, learned counsel for

petitioner, learned Government Pleader for Prohibition and Excise

appearing for respondent Nos.1 to 3 and learned Government

Pleader for Home appearing for 4th respondent. With their consent,

this Writ Petition is taken up for hearing and disposal at the

admission stage.

3. Petitioner contends that he is the owner of the subject

vehicle, against which respondents registered a case alleging that

subject vehicle is involved in illegal transportation of black jaggery

and alum, wherein the petitioner was arrayed as A-4.

4. Petitioner further contends that transport of black jaggery

and alum is not prohibited since the said goods have not been

notified to be a contraband under the provisions of the Act; that the

respondent-Authorities, without looking into the documents

accompanying the goods, have registered a case; that while

confiscating the goods, the authorities also confiscated petitioner's

lorry; and that the said action of the Authorities is highly arbitrary

and illegal.

5. Petitioner also contends that upon seizure being affected by

the 4th respondent, petitioner had approached the 3rd respondent and

made an application under Section 46 of the Act seeking release of

the subject vehicle and the said application is pending

consideration.

6. Learned Government Pleader for Prohibition and Excise

appearing for respondent Nos.1 and 3 submits that Competent

Authority is the Deputy Commissioner, Excise and Prohibition,

Warangal and inasmuch as there is no Deputy Commissioner,

Prohibition and Excise at Mahabubabad, and petitioner is required

to approach the said Authority and not 3rd respondent, which office

does not exist.

7. Having regard to the submissions made as above and

considering the fact that mere transport of black jaggery and alum

cannot be considered as transport of contraband in the light of the

judgment of this Court dt.19-04-2022 in W.P.No.31519 of 2016,

petitioner is directed to approach the Deputy Commissioner, Excise

and Prohibition, Warangal by making application under Section 46

of the Act and upon petitioner making such application under

Section 46 of the Act, the said Authority is hereby directed to

dispose of the same within a period of two (02) weeks from the

date of receipt of subject application and communicate its decision

to the petitioner.

8. Subject to the above directions, this Writ Petition is disposed

of. No costs.

9. Consequently, miscellaneous applications, pending if any,

shall stand closed.

__________________________ JUSTICE T.VINOD KUMAR Date: 08.07.2022 Vsv