V NARAYANA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Writ Petition No.5387 of 2000 was filed to quash the order of the 2nd respondent dated 22-2-2000 and arising out of the order dated 17-9-1999 in Rc. No.B3/2234/98 passed by the 3rd respondent and to declare them as arbitrary, discriminatory and illegal. Originally the writ petition was filed only to quash the impugned orders dated 22-2-2000 and 17-9-1999. During the pendency of the writ petition the petitioner moved the State Government by filing a revision purported to be under Section 64 of the A.P. Excise Act, 1968 (for short 'the Excise Act'). The said revision petition was dismissed by the Government, which is also now impugned in this writ petition by way of amendment.

(2.) Writ Petition No.6493 of 2000 was filed by East India Transport Agency impleading the State of Andhra Pradesh and five others. The writ petitioner in Writ Petition No.5387 of 2000 was also impleaded as the 6th respondent as per the court order dated 14-2-2001 in W.P.M.P. No.3112 of 2001. The said writ petition was filed to quash the order dated 22-2-2000 in so far as it confirms the confiscation of the IML which was seized along with lorries bearing Nos. AP 12T 2921 and AP 16T 1512 as arbitrary, illegal, null and void and consequently to direct the respondents to deliver the consignment of Indian made hquor to the petitioner. The goods were ordered to be released by this court on 15-2-2001 on the petitioner furnishing a bank guarantee for Rs.5,00,000/-.

(3.) We shall now deal with the first Writ Petition No.5387 of 2000 filed by the owner of the vehicle. According to the petitioner he purchased the lorries by obtaining finance from Sundaram Finance Company Limited. The lorries are under hypothecation to the said finance company. The petitioner is running the lorries on hire basis to various parties including East India Transport Agency (petitioner in Writ Petition No.6493 of 2000). On 26-10-1998 the petitioner entered into an agreement with Calcutta based transport company known as East India Transport Agency (petitioner in Writ Petition No.6483 of 2000) for transporting Indian made liquor manufactured by International Distilleries (India) Limited, from Daman to Assam. The consignment contained about 33257 IML bottles. The lorries were being driven by the petitioner and his father and both of them are licensed to drive heavy-duty vehicles. According to the petitioner the following documents were available for transportation of the consignment viz.: