Yerram Srinivasa Rao S/O Late Vykuntam v. The State Of Telangana, Rep.By Its Principal Secretary

THE HONOURABLE SRI JUSTICE RAJA ELANGO WRIT PETITION No.17155 OF 2017 ORDER:

The writ petition is filed under Article 226 of the Constitution of India to declare the action of the respondents in seizing stock of 1565 cartons of Reddish Black Jaggery each 20 kgs., total 31,300 kgs., and 20 plastic bags of black jaggery each 20 kgs., total 600 kgs., from the premises of the petitioner under cover of panchanama in COR No.65/ 2017 of Prohibition & Excise Station, kalwakurthy, on the ground that the said stock is useful for preparation of i.D. Liquor, as illegal and arbitrary, and consequently, direct the respondents to release the said seize stock.

The petitioner is carrying on business in purchase and sale of jaggery both retail and wholesale in the states of Telangana and Andhra Pradesh in the name and style of M/ s.Yerram Ajith Kumar Jaggery & General Merchants. The 4th respondent, while conducting route watch, found one Maruthi Omni Car in which the petitioner is transporting his stock, and seized the above said stock and registered case in COR No.65/ 2017 for the offences under Sections 7 (A) r/ w.8 (e) of A.P. Prohibition Act and 34(e) of the A.P. Excise Act & (4) of GUR (Regulation of Use) Order, 1968. Hence, this writ petition. Heard and perused the material available on record. Learned Counsel for the petitioner submitted that the petitioner is doing business under valid licence by purchasing jaggery under valid bills, and that jaggery seized from the possession of the petitioner in the above referred crime is not a prohibited article under any law and its possession is also not barred by the provisions of any Statute.

Learned Government Pleader for Prohibition & Excise submitted that admittedly case is registered against the petitioners and others for the above offences and that since the case is pending before the Court concerned, the petitioner can approach the Court concerned for release of the seized stock.

In view of the submission of the learned Government Pleader, this Court is not inclined to entertain this writ petition. Hence, the Writ Petition is dismissed. No order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand dismissed. ______________ RAJA ELANGO, J July 17, 2017 KTL