BANAVATHU BABU Vs. GOVERNMENT OF A.P.

JUDGEMENT

(1.) The petitioner seeks a Writ of Mandamus to declare the action of respondent No.2, the Deputy Commissioner of Prohibition & Excise, Khammam, in not releasing an auto bearing registration No.AP 24TB 3806, inspite of the orders passed by the learned Special Judicial Magistrate of First Class (Prohibition & Excise Cases) at Khammam on 03.04.2014, as illegal.

(2.) The petitioner has claimed ownership of a motor vehicle, auto bearing registration No.AP 24TB 3806. On 07.02.2014, the said vehicle was engaged for transportation of black jaggery and alum, on payment of hire charges. When the vehicle reached Rajeswarapuram Village, the Station House Officer, Prohibition & Excise Station, Nelakondapalli, Khammam District, 3rd respondent, has intercepted the vehicle and searched the same. They found 9 gunny bags loaded with black jaggery of 50 kgs. each and alum and also a plastic can containing certain liquid. It is suspected by the 3rd respondent that the liquid in the plastic can is illicitly distilled liquor. Since an offence under the A.P. Excise Act, 1968 (for short the Act) has been committed, the motor vehicle together with the material transported by it, is seized on 07.02.2014. The vehicle is now retained at the Prohibition & Excise Station, Nelakondapalli. In those set of circumstances, the petitioner has approached the Special Judicial Magistrate of First Class (Prohibition & Excise Cases) at Khammam and moved Crl.M.P.No.535 of 2014 and that Court passed an order on 03.04.2014 directing that the motor vehicle may be given interim custody. No conditions have been stipulated by the learned Magistrate in that regard.

(3.) The grievance of the petitioner is that inspite of producing the Official Memo dated 03.04.2014 issued by the Court of the Special Judicial Magistrate of First Class (Prohibition & Excise Cases) at Khammam, the Deputy Commissioner of Prohibition & Excise, Khammam, 2nd respondent, is declining to entrust the interim custody of the motor vehicle, on the precious plea that the said Court has no jurisdiction.