Sripada Vidyaverthi v. The Deputy Commissioner Of Proh. And Excise,

HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.11257 OF 2017 ORDER:

The writ petition is filed by the petitioner against the order dated 09.03.2016, passed by the Deputy Commissioner of Prohibition and Excise, Mahabubnagar, rejecting release of black jaggery.

Petitioner states that, during the course of business, he purchased 25,960 Kgs. of black jaggery and respondent No.3, based on the confession of Sri Pathlavath Somla that he purchased 8 bags of black jaggery, seized the entire stock and registered a case in C.O.R.No.203 of 2016. By the impugned order, respondent No.2 rejected the petitioner's application for release of black jaggery.

Heard the learned counsel for the petitioner and the learned Government Pleader for Prohibition and Excise (AP). Having considered the submissions made on either side, the Writ Petition is disposed of with a direction to respondent No.2 to release the seized stock subject to the petitioner furnishing a Fixed Deposit Receipt for a sum of Rs.5.00 lakhs (Rupees Five Lakhs Only) in his favour. It is, however, made clear that release of the stock shall be subject to the final orders that may be passed in C.O.R.No.203 of 2016. Petitioner shall furnish details of utilisation of black jaggery being released.

Miscellaneous Petitions pending, if any, in this writ petition shall stand closed. No order as to costs. ______________________________ CHALLA KODANDA RAM,J Date:30.03.2017.

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