M/S. Aap Pharma Technologies India Private Ltd. v. The State Of Telangana, Rep. By Its Principal Secretary,

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No. 36441 OF 2016 O R D E R :

The case of the petitioner, which has been carrying on the business of Importer-Exporter Code (IEC), is that during the raid conducted by the 2nd respondent on 12.07.2016 in the premises of Vega Life Sciences Private Limited, its Managing Director stated that they had been supplying Ethyl Alcohol to the petitioner company. Based on the said statement, the petitioner was arrayed as Accused No.3 in C.O.R. No. 112/2016 registered for the offences under Sections 34(a) & 41 of the Andhra Pradesh Excise Act, 1968. It is stated that Accused Nos. 1 and 2 were already remanded and released on bail. According to the petitioner, the petitioner company is in no way concerned with the above crime. Hence, this Writ Petition is filed to declare C.O.R.No.112 of 2016 as illegal and consequently, to direct the 2nd respondent not to arrest the petitioner in connection therewith.

Heard learned counsel for the petitioner and learned Government Pleader for Prohibition & Excise (Telangana). A perusal of the affidavit filed in support of this Writ Petition discloses that the petitioner has approached this Court on mere apprehension, which cannot be entertained in exercise of the jurisdiction under Article 226 of the Constitution. Hence, this Writ Petition stands dismissed.

However, it is made clear that this order shall not prevent the petitioner, as and when aggrieved, from exercising its rights, in accordance with law, including approaching this Court. No costs.

Consequently, the miscellaneous Applications, if any shall also stand dismissed.

____________________________ CHALLA KODANDA RAM, J 27th October 2016 ksld