APHC010458302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24401 of 2025 Between: 1. GUDALA JOHSON PRAKASH BABU, S/O. PRAKASH RAO, AGED 23 YEARS, OCC BUSINESS, R/O. H.NO.5-102, AMBEDKAR VEEDHI, DHARMAVARAM, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT. 2. SRI LAKSHMI GANESH TRADERS, OFFICE AT 5-156, JAGGARY MARKET, OPP ANJANEYA SWAMY TEMPLE YERRAVARAM VILLAGE, KAKINADA, ANDHRA PRADESH - 533429. REP. BY ITS PROPRIETOR, DADI VEERABABU, S/O. SATYANARAYANA, ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PROHIBITION AND EXCISE DEPARTMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT. 3. THE STATION HOUSE OFFICER, PROHIBITION AND EXCISE DEPARTMENT, TUNI, KAKINADA DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the illegal action of the Respondents Police particularly Respondent No.3 in seizing the vehicle of the 1st Petitioner as well as the good of the 2nd Petitioner in vehicle No.AP 39 UX 7115 (correct No. AP 33 UY 7115) Chassis N0.MBIAB42E8RRJX4768, Engine No.JRHO28071P, by registering the Crime in FIR No.262 of 2025 P and E, Tuni, dt. 09.07.2025 for the 2 alleged offences U/s.7(B) R/W 8(B) of A.P. Proh.(Amendment) Act, 2020 and 34 r/w 34(2) of A.P. Excise Act and Section 3 of GUR (Regulation of Use) Order 1968 of Prohibition and Excise Station, Tuni, as illegal, arbitrary in violation of principles of natural and in violation of provisions of A.P. Excise Act and against all settled principles of law and consequently direct the Respondents to interim release/interim custody of the vehicle bearing No.AP 39 UX 7115 (correct No. AP 33 UY 7115) along with the goods three (3) quintals or 3400 kgs black jaggery covered by the W.P.No.20012 of 2020 A.P. Hon'ble High Court in W.P.No.15061 of 2024 in Telangana Hon'ble High Court to the Petitioners. Counsel for the Petitioner(S): 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME The Court made the following: 3 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the illegal action of the Respondents Police particularly Respondent No.3 in seizing the vehicle of the 1st Petitioner as well as the good of the 2nd Petitioner in vehicle No.AP 39 UX 7115 (correct No.AP 33 UY 7115) Chassis No.MBIAB42ERRJX4768, Engine No.JRHO28071P, by registering the Crime in FIR No.262 of 2025 P & E Tuni, dt.09.07.2025 for the alleged offences U/s.7(B) R/W 8(B) of A.P.Proh. (Amendment) Act, 2020 and 34(E) r/w 34(2) of A.P.Excise Act and Section 3 of GUR (Regulation of Use) Order, 1968 of Prohibition & Excise Station, Tuni, as illegal, arbitrary in violation of principles of natural and in violation of provisions of A.P. Excise Act and against all settled principles of law and consequently direct the Respondents to interim release/interim custody of the vehicle bearing No.AP 39UX 7115 (correct No.AP 33UY 7115) along with the goods three (3) quintals or 3400 kgs black jaggery covered by the W.P.No.20012 of 2020 A.P. Hon’ble High Court in W.P.No.15061 of 2024 in Telangana Hon’ble High Court to the Petitioners and pass such other orders…” 2. Precisely, the Writ Petition is filed seeking a direction to release the seized vehicle of the 1st petitioner and the goods of the 2nd petitioner i.e., black jaggery. 3. Learned counsel for the petitioners relied on the orders of this Court in W.P.No.20012 of 2020 dated 22.10.2020 and the orders of the Telangana High Court in W.P.No.15061 of 2024 dated 25.06.2024 and urges this Court to extend the similar order to the petitioners herein. This Court, while disposing of the Writ Petition, observed that mere possession of black jaggery by itself is not an offence under the 4 provisions of the special enactments and it is not prohibited article under the provisions of the A.P. Excise Act and therefore, this Court ordered to release the black jaggery subject to certain terms. 4. Learned counsel appearing for the petitioners would submit that the 1st petitioner is registered owner of the vehicle and not an accused and the driver of the vehicle has taken the vehicle for transportation purpose and without knowledge of the 1st petitioner, has illegally transported the black jaggery and in any case, black jaggery is not prohibited substance under the provisions of the A.P.Excise Act. Therefore, learned counsel for the petitioners requests this Court to direct the respondents to release the vehicle and the seized black jaggery on the ground that the black jaggery is not prohibited substance under the provisions of A.P.Excise Act. 5. This Court on 15.09.2025 has granted time to secure instructions and directed the learned State Counsel to secure instructions and the learned State Counsel is unable to secure instructions. 6. Keeping in view the above circumstances, this Court is inclined to dispose of the present Writ Petition by following the two orders of this Court as well as the Telangana High Court, referred above. 7. Therefore, this Writ Petition is disposed of, directing the respondent-authorities to grant interim release/interim custody of the black jaggery seized in Crime No.262 of 2025 dated 09.07.2025 of P & E Tuni Station, East Godavari District, in favour of the 2nd petitioner on furnishing collateral security for the value of the seized property. It is 5 further directed the respondents to forthwith release the vehicle of the 1st petitioner bearing registration No.AP 39UX 7115 (correct No.AP 33UY 7115) subject to the conditions of the 1st petitioner furnishing security in the form of fixed deposit for a sum of Rs.50,000/- (Rupees fifty thousand only) and the 1st petitioner is directed not to change the features of the vehicle and not to alienate the vehicle in favour of third party and the 1st petitioner is further directed to execute an affidavit to that extent. The concerned authority is directed to communicate the same to the concerned RTA Authorities about the seizure of the vehicle of the 1st petitioner and pedency of the investigation in F.I.R.No.262 of 2025 of P & E Tuni Station. It is also made clear that the order of this Court shall be subject to the outcome of the confiscation proceedings under the provisions of the A.P.Excise Act. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 22.09.2025 siva 6 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.24401 of 2025 Date: 22.09.2025 siva