EXCISE GUNTUR GUNTUR DIST Vs. B VENKATA REDDY

JUDGEMENT

(1.) This Writappeal is directed against the order of a learned single Judge of this Court, holding that under the Excise Act, the Excise authorities have no power to seal any premises or the shop for violation of any condition of an Excise Licence.

(2.) The respondent herein held F.L. 24 licence for his shop M/s. Vasudeva Wines situated at H.No. 3 of Rompicherla Village for the period ending on 30-9-1987. On 6-2-1987 at about 10-30 p.m. the shop was inspected. The respondent herein was arrested and the shop was sealed. The respondent herein filed a Writ Petition challenging the sealing of his shop by the Excise Authorities. The writ petition was. allowed by the impugned order of the learned single Judge on the ground that the Excise Authorities had no power to seal the shop. Being aggrieved the Excise Authorities have preferred this writ appeal.

(3.) As the period of licence has already expired, this appeal has virtually become infructuous. However, it was argued that the question raised in this writ appeal relates to the powers of Excise Authorities in sealing shops in violation of the conditions of an Excise licence and, therefore, it was necessary to decide the appeal on merits. Accordingly, we heard the appeal and after hearing the learned counsel for the parties, we have come to the conclusion that the impugned order of learned single Judge is correct and calls for no interference. On a perusal of the provisions of the Andhra Pradesh Excise Act, 1968, (in short' the Act') we find that Section 52 of the Act empowers the authorities to enter and inspect places of manufacture and sale of intoxicants. Section 53 thereof empowers certain authorities to arrest without warrant any person found committing an offence punishable under certain Sections of the Act; to make searches and to seize articles liable for confiscation. However, we find no provision in the Act warranting a conclusion that the Excise Authorities are also empowered to seal the places where searches are made or seizures made. It is no doubt true that by implication the Excise Authorities are competent to seal the contraband seized, but have no authority to attach or seal the places where contrabands are found.