Telangana High Court
Gajula Naresh vs The State Of Telangana on 26 September, 2022
Bench: T.Vinod Kumar
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.37113 of 2022
ORDER:
This Writ Petition is filed seeking a Writ of Mandamus to declare
the action of the 2nd respondent in not directing the 3rd respondent to
release the petitioner's vehicle, viz., Mahendra Bolero Goods Carriage,
bearing Registration No.TS 24 T 0804, seized in connection with COR
No.212 of 2022 dt.29.07.2022 on the file of the 3rd respondent, as
illegal, arbitrary and unconstitutional.
2. Heard counsel for the petitioner, learned Government Pleader
for Prohibition and Excise appearing for respondent Nos.1 to 3 and
with their consent, the Writ Petition is taken up for hearing and
disposal at the stage of admission.
3. Petitioner contends that he is the registered owner of the
subject vehicle, viz., Mahendra Bolero Goods Carriage, bearing
Registration No.TS 24 T 0804, and that the said vehicle was seized by
the respondents-authorities, on 13.09.2022, alleging illegal
transportation of 30 bags of black Jaggery, each weighing about 50
kgs., and 20 kgs. of alum, by registering a case in COR No.212 of 2022
dt.29.07.2022 on the file of the 3rd respondent.
4. Petitioner further contends that mere transportation of black
jaggery and alum are not prohibited and the authorities have to
invariably record their 'reason to believe' that black jaggery and alum
are likely to be used for preparation of ID liquor, and only upon
recording such finding, the authorities can seize the goods as well as
the conveyance, in which, the said goods are being transported, as has
been held by the Full Bench of this Court in Ganesh Traders (Kirana
and General Merchants), Dhermapuri, Karimnagar District v.
District Collector, Karimnagar and others1.
5. The petitioner also contends that the Government, by issuing
Memo dt.20.12.2010, had directed the respondents-authorities not to
seize the vehicle carrying black jaggery/rotton jaggery or any other
form of jaggery to be an agricultural produce or its bio-products,
merely on the ground that such goods are intended for preparation of
ID liquor, when the same are accompanied by valid documents.
6. Per contra, learned Government Pleader for Prohibition and
Excise would submit that, on petitioner's vehicle being stopped by the
3rd respondent, it was found in illegal possession/transportation of
huge quantity of black jaggery and alumn and also 10 liters of I.D.
2002(1) ALD 210 = 2002(1) ALT 611
liquor; and that on being enquired with the driver of the vehicle, he
had confessed to the fact of carrying the quantity of black jaggery and
alum and did not produce any valid documents of its purchase and
transportation, and accordingly, the respondent authorities have seized
the subject goods under the cover of panchanama and registered a
case, vide COR No.212 of 2022.
7. Learned Government Pleader, while bringing to the notice of this
Court the judgments of the Hon'ble Supreme Court in State of
Karnataka v. Krishnan2 and a Full Bench of this Court in Ganesh
Traders (1 supra), would submit that this Court had an occasion to
consider similar issue in W.P.No.34566 of 2022, and that when valid
documents, covering the goods under transportation, have not been
produced, the petitioner therein was directed to approach the 2nd
respondent, i.e. the Deputy Commissioner of the concerned area, and
make an application seeking release of the seized vehicle. Since, in the
facts of the present case, as the petitioner is similarly placed, he
should also be directed to approach the concerned 2nd respondent
being the jurisdictional authority.
8. Having regard to the submissions made and considering the fact
that this Court in W.P.No.34566 of 2022, taking note of the law laid
2000(7) SCC 80
down by the Hon'ble Supreme Court in State of Karnataka (2 supra)
and also the judgment of the Full Bench of this Court in Ganesh
Traders (1 supra), directed the petitioner therein to approach the
concerned Deputy Commissioner of Excise, and the petitioner herein is
similarly placed, he is also directed to approach the 2nd respondent by
making an application under Section 46 of the Telangana Excise Act,
1968, seeking release of the subject vehicle i.e. Mahendra Bolero
Goods Carriage bearing Registration No.TS 24 T 0804, seized in
connection with COR No.212 of 2022 on the file of the 3rd respondent.
On the petitioner approaching the 2nd respondent and filing application,
the said authority shall consider and dispose of the same in accordance
with law, keeping in view the law laid down by the Hon'ble Supreme
Court in Sunderbhai Ambalal Desai v. State of Gujarat3, as
expeditiously as possible, preferably within a period of two weeks from
the date of receipt of the application in this regard.
9. Subject to the above direction, the Writ Petition is disposed of.
10. Miscellaneous petitions, if any, pending in this writ petition shall
stand closed. No order as to costs.
__________________
T. VINOD KUMAR, J
Date:26.09.2022
(2002) 10 SCC 283
GJ
THE HON'BLE SRI JUSTICE T. VINOD KUMAR
Writ Petition No.37113 of 2022
26.09.2022
GJ
