IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND FOURTEEN Present HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23484 of 2014 Between:
Veduripalli Krishna Murthy, S/o. Venkanna, Aged about 30 years, R/o. Door No.1-175, Konalova, Addateegala Mandal, East Godavari District.
.. Petitioner AND Commissioner of Prohibition and Excise of A.P., Hyderabad & 3 others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23484 of 2014 ORDER:
The petitioner is the owner of three wheeler Auto bearing No.AP 05TC 2132. The vehicle was seized on the allegation that in the vehicle, 160 bottles of Duty paid liquor of 180 ml each were being transported unauthorizedly and illegally and, therefore, the provisions of Section 34(a) of the A.P. Excise Act, 1968, were violated. Subsequently, confiscation proceedings ended in confiscating the vehicle. Thereafter, notice was issued on 03.01.2014 calling for explanation as to why the vehicle should not be confiscated. The petitioner claims to have submitted an explanation, but thereafter, no further orders are passed. The driver of the vehicle was proceeded against. He was the accused in C.C.No.189 of 2013, on the file of the Judicial Magistrate of First Class, Addateegala. The learned Judge rendered judgment on 15.04.2014 acquitting the accused for the offence of violation of provisions of the A.P. Excise Act, 1968. After the acquittal, the petitioner submitted a representation, dated 22.05.2014, requesting to release the vehicle. In view of the acquittal granted to the accused wherein categorically finding is recorded by the Court that there was no evidence of the vehicle carrying 160 bottles of Duty paid liquor. No further orders are communicated on the representation submitted on 22.05.2014. Hence, this writ petition.
2. As asserted by the learned counsel for the petitioner that the representation, dated 22.05.2014, is pending, this Writ Petition is disposed of without expressing any opinion on merits directing the Deputy Commissioner of Prohibition Excise, Kakinada, East Godavari District (2nd respondent) to consider the representation in the light of the judgment rendered by the Judicial Magistrate of First Class, Addateegala, in C.C.No.189 of 2013, dated 15.04.2013, and pass appropriate orders, as warranted by law, within a period of two (2) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.
P.NAVEEN RAO, J Date: 14th August, 2014 KL HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.23484 of 2014 Date: 14th August, 2014