Linganna v. Commissioner

THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION NO.16002 OF 1999 ORDER:

This writ petition is filed seeking to call for the records pertainilng toi the order dated 17-4-1999 passed by the 1st respondent in CFr.No.765/DPE/99/B2 and quash the same as illegal, contrary to law, violative of principles of natural justice and consequently direct the respondents to release the vehicle Bajaj Tempo Tracks KA 36 M942.

2.

It is the case of the petitioner that he is the owner of the Bajaj Tempo bearing No. KA 36 M 942 and the said vehicle was being used by following the law of the land, more particularly under the provisions of the Excise and Prohibition Laws. While the matter stood thus, the vehicle was seized in Cr.No.60/98-99 of Prohibition and Excise Station, Kurnool on the allegation of transporting the contraband liquor. The second respondent by his proceedings No.B1/2425/98, dated 16-2-1999 confiscated the vehicle to the State and that the petitioner preferred an appeal before the 1st respondent and that the 1st respondent by his proceedings in CR.No.765/DPE/99/B2, dated 30-6-1999 passed orders confirming the order of the 2nd respondent.

3.

Heard.

4.

As seen from the order of the 1st respondent in the appeal and original order of the 2nd respondent, the mensrea of the owner of the vehicle has not been established involving him in the crime. That apart, the respondents have not conducted any enquiry and have not given any opportunity to the petitioner to participate in

the enquiry and more so, the appellate authority reiterated the contents of the order passed by the original authority and the appellate authority has not passed the order with open mind. It is not an independent order and it is only incorporation of the order of original authority. The action of respondents without furnishing to the petitioner and giving a finding that of not placing any evidence before the appellate authority to reverse the order of the original authority is a perverse order. The requirements contemplated under Section 46 of the A.P. Excise and Prohibition Act have not been followed by the respondent authorities. 5.

In view of the observations made above and also in view of the violation of principles of natural justice, the orders passed by the appellate authority as well as the order of the original authority both are liable to be set aside.

6.

Accordingly, the writ petition is allowed, setting aside the orders passed by the respondents 1 and 2. No order as to costs. As a sequel, the miscellaneous petitions pending if any shall stand closed.

_______________________ T.AMARNATH GOUD,J Date: 13-07-2018 Shr