IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.14408 of 2014 Between:
Kota Vijay Mohan & another .. Petitioners AND The Government of A.P., Rep. by its Principle Secretary, Revenue (Excise) Department, Secretariat, Hyderabad & 2 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.14408 of 2014 ORDER:
The grievance of the petitioners in this writ petition is that stock of black jaggery in their business premises bearing No.D.No.13-74, situated at Hanuman Tekdi, Wanaparthy, Mahabubnagar District was seized in connection with Crime No.41 of 2014 and that even though they approached the Judicial Magistrate First Class, Wanaparthy and obtained an order for release on 24.04.2014 in Crl.M.P.Nos.455 and 456 of 2014, the said stock is not being released. It is also alleged that the third respondent has put lock on the petitioners’ business premises.
2. Heard the learned counsel for the petitioners and the learned Government Pleader for the Excise for the respondents.
3. As regards placing of lock on the petitioners’ business premises is concerned, the learned Government Pleader has not been able to show any provision in the statute empowering the respondents to do so. Therefore, the respondents shall remove the lock put on the petitioners’ business premises forthwith.
4. Coming to the question of release of the stock of black jaggery, under Section 46 E of the A.P. Excise Act, 1968, the competent authority to deal with release of seized stock is the Deputy Commissioner of Prohibition and Excise, i.e., the second respondent. The petitioners, therefore are given liberty to approach the second respondent seeking release of the seized stock within two (2) weeks from today, and on such application being filed, the second respondent shall dispose it of in accordance with law within a period of two (2) weeks thereafter.
5. The Writ Petition is disposed of with the above directions. No costs.
6. Consequently, the Miscellaneous Petitions, if any, filed in this writ petition shall stand closed.
M.S.RAMACHANDRA RAO,J Date: 15th May, 2014. KL HON’BLE SRI JUSTICE M.S.RAMACHANDRA RAO WRIT PETITION No.14408 Of 2014 Dated 15.05.2014 KL