The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.22865 of 2014 Dated 28.10.2014 Between:
M/s.Sri Balaji Sales Corporation Rep. by its Proprietor Bankat Lal Bhati And The Food Safety Designated Officer Khammam District and 4 others …Petitioner …Respondents Counsel for the petitioner: Mr.P.Nagendra Reddy Counsel for respondent Nos.1 to 4: GP for Medical Health and Family Welfare Counsel for respondent No.5: AGP for Home The Court made the following:
Order:
At the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of learned Counsel for both the parties.
This Writ Petition is filed for a Mandamus to declare the action of respondent No.1, in refusing to release the Amber Tobacco packets belonging to the petitioner- firm despite an order passed by this Court in WP.No.19736 of 2014, as illegal and arbitrary.
After a detailed hearing of the case, Mr.P.Nagendra Reddy, learned Counsel for the petitioner, submitted that pending adjudication of the proceedings by respondent No.3- Joint Collector, his client is willing to furnish bank guarantee for a sum of Rs.32,50,000/-, which is estimated to be the cost of the seized tobacco.
Learned Government Pleader for Medical and Health representing respondent Nos.1 to 4, while submitting that his clients have no objection for release of the seized tobacco on furnishing the bank guarantee for its full value, as offered by the petitioner, has, however, submitted that the petitioner shall not be allowed to sell the seized tobacco in the State of Andhra Pradesh. Learned Counsel for the petitioner has agreed to this submission.
In the light of the above facts and circumstances, respondent No.1 is directed to release the seized tobacco to the petitioner subject to its furnishing bank guarantee for the sum of Rs.32,50,000/-, which shall be subject to the result of the proceedings before respondent No.3. The petitioner shall keep the bank guarantee alive till disposal of the proceedings by respondent No.3. The petitioner shall also take the seized tobacco outside the State of Andhra Pradesh within 24 hours of its release and furnish proof of the same before respondent No.3.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, interim order, dated 28-08-2014, is vacated and WVMP.No.2761 of 2014 in/& WPMP.No.28670 of 2014 are disposed of.
(C.V.Nagarjuna Reddy, J) Dt: 28th October, 2014
LUR