K. GIRI Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Government Pleader for Prohibition & Excise.

(2.) The learned counsel for the petitioner would submit that on 21.08.2020, the subject vehicle was transporting 5 tons of jaggery and 100 kgs of alum and when the said vehicle reached outskirts of Raigiri Village, the 3rd respondent, while conducting route watch and in a routine and mechanical manner, seized DCM Eicher Van bearing registration No.AP 03 TD 6417 along with the material, and on the same day registered a case in COR No.230 of 2020 for the offences punishable under Sections 34(e) of the Telangana Excise Act, 1968 and Clause 3 of the GUR (Regulation of Use) Order, 1969, alleging that the above said vehicle was being used for transportation of 5 tons of jaggery and 100 kgs of alum.

(3.) The learned counsel for the petitioner would submit that the sale, purchase and transportation of jaggery is purely used for human consumption and possession of jaggery does not constitute offence punishable under the Telangana Prohibition Act, 1995. Learned Counsel would also submit that though his client is ready to furnish third party security, the respondent authorities have not released the said vehicle for want of an order from the court of law and submits that this court in similar circumstances in W.P. No. 6899 of 2020 was pleased to direct the release of the vehicle on certain terms and conditions and prays similar indulgence from this court.