Nomula Lingaiah vs The State Of Telangana And 2Others
2022 Latest Caselaw 5485 Tel

         THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

                  WRIT PETITION No.33833 OF 2022

ORDER (ORAL) :

The writ petition is filed seeking the following relief/s:-

"... to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the 2nd respondent in not returning the FDR for Rs.2,00,000/- bearing receipt No.156750 drawn in A.P. Grameena Vikas Bank, Nalgonda Branch deposited by me at the time of granting interim custody of the vehicle seized in relation to FIR No.514 of 2020 on the file of the 3rd respondent, despite the acquittal of the accused from C.C.No.888 of 2021 dated 14.06.2021 on the file of the Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Suryapet, arose out of FIR No.514/2020 and inspite of the representation dated 07.07.2022 as being illegal, arbitrary, unjust and unconstitutional and to grant such other relief or reliefs ..."

2. Heard learned counsel for the petitioner and learned Assistant

Government Pleader for Prohibition and Excise.

3. Learned Assistant Government Pleader for Prohibition and

Excise produced before this Court, confiscation order dated

01.08.2022 in Crime No.50/2021/B, dated 01.08.2022 passed by

the Deputy Commissioner of Prohibition & Excise, Nalgonda

Division, wherein, the subject vehicle and contraband of the

petitioner were confiscated in exercise of the powers vested in the

Deputy Commissioner of Prohibition & Excise, Nalgonda Division

under section 13 of Telangana State Prohibition Act, 1995 and

section 46 of Telangana State Excise Act, 1968.

4. Learned Assistant Government Pleader for Prohibition and

Excise further submitted that there is a provision of appeal against

the said order dated 01.08.2022. But the same has to be filed before

the Commissioner of Prohibition and Excise, Telangana State,

Hyderabad within sixty days from the date of receipt of the order as

required under section 46(c) of Telangana State Excise Act, 1968.

Instead of filing the appeal, the petitioner filed the writ petition.

Hence, the same is not maintainable.

5. The relief in the writ petition cannot be granted, merely

because the petitioners were acquitted in judgment dated 14.06.2021

in C.C.No.888 of 2021 passed by the learned Principal Junior Civil

Judge cum Judicial Magistrate of First Class at Suryapet for the

reason that, confiscation proceedings under provisions of Telangana

State Excise Act, 1968 and criminal proceedings are independent of

each other. Hence, the petitioner is directed to file an appeal

challenging the confiscation order dated 01.08.2022.

6. With the above direction, the writ petition is disposed of. No costs.

Miscellaneous Applications, if any, pending in the writ petition shall stand closed.

_________________________ B. VIJAYSEN REDDY, J.

Date: 29.10.2022 ESP/PT

THE HON'BLE SRI JUSTICE B. VIJAYSEN REDDY

W.P.No.33833 OF 2022

Dated:29.10.2022

ESP/PT