APHC010249972020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16443/2020 Between: 1. P.RAJAK BASHA, S/O. IBRAHIM, AGED ABOUT 32 YRS., R/O. H.NO. 2-20-5-46, KAREEM BAGH, BANGANAPALLE, KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROOHIBITION AND EXCISE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDL, AMARAVATI, GUNTUR DISTRICT. 2. THE DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, , KURNOOL. 3. THE STATION HOUSE OFFICER, KURNOOL TALUK PS, KURNOOL, KURNOOL DISTRICT ...RESPONDENT(S): Counsel for the Petitioner: 1. PILLIX LAW FIRM Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 16443 of 2020 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue an appropriate writ, order or direction more in the nature of Mandamus, declaring the action of the respondents in seizing the Maruthi Dzire ZDI Car bearing No. AP 21 CG 6072 in contravention of the Rules issued in GO Ms No. 411, Revenue (Excise.I) Department, dated 24.09.2019 in connection with Cr. No. 456/2020 for an offence U/s. 34 (A) of AP Excise Act, and the Judgment of this Hon'ble Court In WP No. 14386 of 2020 dated 1.9.2020 as being Illegal, arbitrary and unjust and consequently direct the respondents to release the Maruthi Dzire ZDI Car bearing No. AP 21CG 6072 forthwith and to set aside the proceedings initiated in Cr.No.456/2020, and pass.…” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Home for the respondents. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Government Pleader for Home, that the subject matter of this Writ Petition is squarely covered by the common order passed by the Coordinate Bench of this Court in Writ Petition Nos. 10289 and 14386 of 2020, dated 01.09.2020, since the report shows only two liquor bottles are found in the vehicle, which is permissible under G.O.Ms.No.411 dated 24.09.2019. 3 4. For ready reference the relevant portion of the common order passed in Writ Petition Nos. 10289 and 14386 of 2020, dated 01.09.2020 is extracted hereunder: “…Both on the basis of a strict and also the plain grammatical interpretation, leads this Court to inescapable conclusion which is detailed below. CONCLUSION: This Court is, therefore, of the clear view that the possession or the transportation of liquor and other intoxicants etc., upto the limits as per the G.O.Ms.No.441, which are as follows: “1) Indian Made Foreign Liquor (IMFL) : 3 bottles of any size 2) Foreign Liquor (FL) : 3 bottles of any size. 3) Denatured / emthylated spirit : 3 bulk litres 4) Beer : 6 bottles of 650 ml each 5) Toddy : 2 bulk litres 6) Rectified spirit / intoxcating drugs : Nil.” is not an offence whether the liquor is purchased in the State of Andhra Pradesh or if the liquor etc., is purchased outside the State of Andhra Pradesh and is brought into the State of Andhra Pradesh. For the above reasons W.P.No.14386 of 2020 is allowed. The action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. All further proceedings under Crime No.95 of 2020 of Rampachodavaram Police Station, are quashed, in line with the landmark judgment of the Hon’ble Supreme Court of India in Bajanlal case (3 supra), since the uncontroverted allegations in the FIR etc., do not disclose the commission of any offence. Consequently, a direction is issued to the respondents to immediately release the vehicle bearing No. AP 31 ZG T/R 2970.” 4 5. Hence, following the said Common Order passed by a Coordinate Bench of this Court in Writ Petition Nos. 10289 and 14386 of 2020, dated 01.09.2020 and taking into consideration of the facts and circumstances of the case, this Writ Petition is allowed. The action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. All the further proceedings under Crime No.456 of 2020 of Kurnool Taluka P.S., are quashed, in line with the landmark judgment of Hon’ble Supreme Court of India in the case of State of Haryana and others v. Ch.Bajanlal and Ors.1, which is also referred in the above said Common Order passed by A Coordinate Bench of this Court and G.O.Ms.No.411. Consequently, a direction is issued to the respondents to immediately release the vehicle bearing No. AP 21 CG 6072. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 02.09.2025. UPS 1 AIR 1992 SC 604 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.16443 of 2020 Dated.02.09.2025 UPS 244