E PENTAIAH GOUD Vs. PROHIBITION AND EXCISE SUPRITENDENT

JUDGEMENT

(1.) Seeking a mandamus, declaring the action of the 1st respondent in suspending the license of the petitioner pending enquiry vide proceedings dated 22.7.2005, as illegal and arbitrary, the present writ petition is filed.

(2.) Heard the learned Counsel for the petitioner and the learned Government Pleader for Prohibition and Excise.

(3.) It is stated that the petitioner is having a TCS toddy shop at Appannapally village, Mahabubnagar Mandal and District and he was granted license bearing No.63, on 6.11.2003 for retail sale of toddy which is valid upto 31.3.2007, by the Prohibition and Excise Superintendent, Mehabubnagar. While so, the shop of the petitioner was inspected on 10.7.2005 at about 7.15 p.m., by the Prohibition and Excise Inspector, Mahabubnagar and Prohibition and Excise Sub-Inspector, Mahabubnagar along with mediators and found one person by name C. Mogulaiah Goud conducting sale of toddy. The said C. Mogulaiah Goud was said to be appointed by the petitioner. The said C. Mogulaiah, on demand, produced license bearing No.63, dated 6.11.2003, and the Excise officials found toddy in six wooden crates each containing 12 bottles and they tested the toddy with the required chemicals in his presence and found that the toddy is free from Chloral Hydrate. Toddy samples were drawn on suspicion that the toddy might have been mixed with any other ingredients, which are harmful to public health and prohibited. Under cover of panchanama, three samples have been drawn and the Station House Officer, Mahabubnagar registered a case vide PCRNo.217/05-06, dated 10.7.2005 under Rule 24 of A.P. Excise (Arrack & Toddy Licenses General Conditions) Rules, 1969, and the samples along with case property was sent to the Judicial First Class Magistrate, Mahabubnagar with a request to send one of the samples to the Government Chemical Examiner for Prohibition and Excise Laboratory, Hyderabad for analysis and report. The Government Chemical Examiner, Regional Prohibition and Excise Laboratory, Hyderabad, after testing of said toddy sample, on receipt of the same from the concerned Court, opined that the toddy was adulterated with Diazepam and Alprazolam. Accordingly, the Government Chemical Examiner, Regional Prohibition and Excise Laboratory, Hyderabad, vide his report dated 19.7.2005 opined that the sample is fermented toddy adulterated with Diazepam and Alprazolam. Basing on the said report, the license of the petitioner was suspended pending enquiry in the interests of public health and interest.