HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22466 of 2010 DATE: 04.06.2014 Between:
Gagolotu Raju ... Petitioner And The Deputy Commissioner, Proh. & Excise, Mahaboobnagar Division Mahaboobnagar district & others … Respondents The Court made the following:
HON’BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.22466 of 2010 ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
2. The 2nd respondent lodged a complaint against the petitioner and another and the same was registered as Cr.No.186/2004-05 under Section 7(A) read with Rule 8(b) of A.P. Prohibition & Excise Act and section 34(a) of A.P. Act and seized the vehicle along with 18 bags of black jaggary consisting of 50 kgs each bag and 2 bags of Alum. Challenging the same, the petitioner approached this Court by filing WP No.20103 of 2004 and the same was disposed of on 02.11.2004 giving liberty to the petitioner to make an appropriate application before the 2nd respondent for the release of the seized goods and the 2nd respondent was directed to consider and dispose of the same on furnishing bank guarantee of the value of the goods as determined by him in accordance with law. In compliance of the said orders, the petitioner made an application before the 1st respondent on 13.12.2004 for the release of the seized goods vide PCR No.186/04- 05 dated 27.09.2004 by the 2nd respondent. The 1st respondent vide orders in Cr.No.B3/536/04 dated 04.01.2004 directed to release the seized goods on furnishing bank guarantee of Rs.7,200/-. Accordingly, the petitioner furnished bank guarantee drawn on 3rd respondent on 18.01.2005 and the goods were released in his favour. The criminal case registered against the petitioner and another in CC No.221 of 2005 ended in acquittal by the Judicial Magistrate of I Class, Kodad, which has become final, as no appeal was preferred. Now the present writ petition was filed seeking release of the amount of Rs.7,200/- furnished by way of bank guarantee for the release of the goods.
3. The 2nd respondent filed counter-affidavit stating that on 22.09.2004 at about 1.30 p.m. on reliable information about the transportation of illicit liquor, black jaggery and alum in a vehicle, the Prohibition & Excise Sub-Inspector and Prohibition & Excise Inspector, Kodad, along with the staff conducted route watch on the road leading to Seethrampuram to Bheekya Thanda and they found a jeep bearing No.AP 07 U 2021 on the road leading to Seethrampuram to Bheekya Thanda in Chilkur Mandal of Nalgonda District, containing 18 bags of black jaggery, 5 liters of I.D.Liquor and two bags of Alum and the accused failed to produce any permit, licence or any documents pertaining to the above property. A case was registered in CR.No.186/2004-05 for illegal transportation of black jaggery, alum and I.D. liquor under Section 34(a) of the A.P. Excise Act, 1968 and Section 7(a) r/w 8(b) of the Prohibition Act, 1995. In pursuance of the order of this Court, the seized goods were released to the petitioner on 23.01.2005 on deposit of Rs.7,200/-. The 2nd respondent also admits that the Judicial Magistrate of I Class, Kodad dismissed the criminal case in CC No.221 of 2005 on 03.10.2007 and separate confiscation proceedings were initiated and a show cause notice was issued to the petitioner by the Deputy Commissioner of Prohibition & Excise, Nalgonda, in CR.No.686/2004/B3 dated 30.04.2010. The petitioner acknowledged the same on 29.05.2010. After giving sufficient time to the petitioner, the contraband seized in the case along with the vehicle were confiscated by the Deputy Commissioner of Prohibition & Excise, Nalgonda, on 19.06.2010 and a copy was served on the petitioner. It is their case that under Section 46-D of the A.P. Excise Act, order of confiscation was passed and in view of the same, the petitioner is not entitled to the bank guarantee furnished by him.
4. The case of the petitioner rests entirely on the acquittal in criminal case and there is no whisper about the confiscation proceedings in the affidavit filed in support of the writ petition. The order of confiscation passed by the Deputy Commissioner of Prohibition & Excise, Nalgonda, has become final. Since the goods were released on furnishing bank guarantee, the petitioner is not entitled for return of the bank guarantee amount.
5. In the circumstances, this writ petition is misconceived and accordingly dismissed. Pending miscellaneous petitions in this writ petition, if any, shall stand dismissed in consequence. No order as to costs.
A. RAMALINGESWARA RAO, J
Date: 04.06.2014 BSS HON’BLE SRI JUSTICE A. RAMALINGESWARA RAO 9 WRIT PETITION No.22466 of 2010 Date: 04.06.2014 BSS