DATE: 12.08.2014 Between:
Punem Krishnam Raju, s/o. Mangaiah, Aged 32 years, Occu: Agriculture, R/o.H.No.1/5, Bandarugudem village, Bhadrachalam Mandal, Khammam District.
AND The Government of Telangana, rep.by its Circle Inspector, Prohibition and Excise, Bhadrachalam, Khammam District and another .. Petitioner .. Respondents The Court made the following:
ORDER:
Petitioner is the owner of two wheeler motor cycle named Super Splendor bearing registration No.AP-20-R-3259. The said vehicle was seized on the ground that the vehicle was involved in excise offence. The allegation was, the person, who was riding the vehicle, was carrying 40 kgs of alum. The police authorities suspected that person was carrying alum for manufacturing of illicit distilled liquor.
2. The case of the petitioner is that he was not the person involved in transportation of alum. Neighbour to the petitioner took the vehicle without informing the petitioner the purpose of taking the vehicle and he was caught while transporting 40 kgs of alum.
3. Learned counsel for the petitioner submits that since petitioner is not involved in the crime and he had no knowledge, the seizing of the vehicle is arbitrary and discriminatory.
4. Learned counsel further contends that what was seized was only alum and alum is not prohibited item. Alum can be confiscated along with the black jaggery if it was found that the same was used for the purpose of manufacturing of illicit distilled liquor. At the time of seizure of the vehicle, it was going on a road and was not found involved in manufacturing of illicit distilled liquor.
5. As with reference to the seizure of alum and consequences of such seizure, the matter is under investigation and no finding can be recorded on the said issue. However, having regard to the contentions made that petitioner was not involved in the crime and the fact that his neighbour was found to have been carrying alum with him after borrowing the vehicle from the petitioner, pending completion of the investigation and confiscation proceedings, in the facts of this case the interim custody of the vehicle can be given to the petitioner subject to the petitioner fulfilling the conditions of depositing an amount of Rs.30,000/- (Rupees thirty thousand only) and also filing an undertaking that petitioner shall not dispose of the vehicle; shall not create third party interest; shall also renew the annual vehicle insurance; maintain the vehicle in good condition and shall produce the vehicle as and when demanded. Subject to fulfilment of the above conditions, the Deputy Commissioner of Prohibition and Excise, Khammam, shall release the said vehicle.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions, if any pending in these writ petitions, shall stand closed.
Date : 12.08.2014 JUSTICE P.NAVEEN RAO kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.22717 of 2014 Date: 12.08.2014 kkm