Shaik Maibu vs The State Of Telangana And 4 Others
2022 Latest Caselaw 4708 Tel

       THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
                                            AND
          THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
                                 W.P.No.29584 of 2022
ORDER: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)

         Heard Mr. R.Prasad, learned counsel for the petitioner;

Mr. B.Sankar, learned Assistant Government Pleader for Civil

Supplies appearing for respondents No.1 and 2; B.Murali, learned

Assistant Government Pleader for Medical Health appearing for

respondent No. 3; and Mr. T.Srikanth Reddy, learned Government

Pleader for Home appearing for respondents No.4 and 5.

2. The present writ petition has been filed seeking the

following relief:

"In view of above facts and circumstances, it is therefore prayed that this Court may be pleased to issue an appropriate writ, order or direction more particularly more particularly one in the nature of writ of mandamus to declare the seizure of stocks of seized (1) 9 bags in each big sack 30,000 thousand small sachet one packet cost Rs.2/-, and total cost 30,000 x 2 = 60,000/- ; Rs 9 big sacks 60,000 x 9 sacks = Rs.5,40,000/- costs VI Gutka packets (2) 20 bags vimal Gutka ::2::

packets. In one bag vimal gutka packets total of 20 gunny bags. In each bag 4 white bags, in each white bag-50 packets, in that 50 packets it contained 30 small packets (1=4 white bag= 4x50 = 200; 200x30 small packets = 6000 total packets. In each bag 6000 packets in each 20 bags i.e., 20 gunny bags x 6000 small packets = 1,20,00 small packets, in each packet cost 10/- Rupees Rs.12,00,000/- 3) Amhber Bags 4 bags. One bag 10 packets of amber 4 bags x 100 packets = 40 packets. One big packet cost Rs 50x40 packets = Rs.2,00,000/- basing on the Panchanama conducted on 30.06.2022 by the 5th respondent as illegal, improper and without any power or authority under law violation of Article 19(i)(g) of the Constitution of India.

3. It is seen that State of Telangana has issued notification

bearing No.501/FSS-I/2022 dated 07.01.2022 prohibiting amongst

others, supply and distribution of tobacco products. On the

strength of the said notification, impugned seizures have been

made.

::3::

4. It may be mentioned that a similar notification was issued by

State of Telangana in the year 2021, which was put to challenge

before this Court in W.P.No.5444 of 2021, which was dismissed

vide the judgment and order dated 03.12.2021. Against the said

judgment and order, SLP.No.20441 of 2021 has been filed before

the Supreme Court, which is pending.

5. During the pendency of the said SLP, State of Telangana

issued notification bearing No.501/FSS-I/2022 dated 07.01.2022.

By the order dated 31.03.2022, Supreme Court has stayed the

aforesaid notification dated 07.01.2022.

6. On 08.09.2022, this Court disposed of a batch of writ

petitions being W.P.No.20212 of 2022 and batch holding that

since Supreme Court has stayed the notification dated 07.01.2022,

respondents are bound to comply with the said order of the

Supreme Court in letter and spirit.

7. Since the impugned seizures have been made on the

strength of the notification dated 07.01.2022, which has been

stayed by the Supreme Court, continuation of such seizures would ::4::

be unlawful and in contravention of the order of the Supreme

Court. We therefore, direct the respondents to forthwith release

the seized articles as mentioned above to the petitioner. This shall

be done within a period of two weeks from the date of receipt of a

copy of this order.

8. Writ Petition is accordingly allowed. However, there shall

be no order as to costs.

As a sequel, miscellaneous petitions, pending if any,

stand dismissed.

__________________ UJJAL BHUYAN, CJ

_______________________ C.V.BHASKAR REDDY, J Date: 16.09.2022 LUR