Smt Relangani Nagamani vs. The State Of Andhra Pradesh

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: "..to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not releasing the stocks of jaggery 4060 kgs of jaggery, seized in FIR.No.212 of 2025 in spite of my readiness to furnish the third party surety value of Rs. 1,59,435/-, as being illegal, arbitrary and unjust and consequently, direct the Respondents to release the petitioner's 4060 kgs of jaggery value of Rs. 1,59,435/- by allowing him to furnish third party surety and to grant...”

The learned counsel for the petitioner submits that the petitioner i: running the business of selling the Jaggery had established a shop by name M/s.Eswari Kirana & General Store and carrying the business activity from this shop under valid AP GST Registration Number: 37DCKPR5482N2ZK issued by the Government of Andhra Pradesh under Shops and Establishment Act, 1988 dated 08.02.2024. While so, the respondent on 15.04.2025 without verifying the records seized the stocks of jaggery of 4060 kgs and registered in FIR.No.212 of 2025, under Section 7(B), r/w 8(A) & 8(B) of A.P. Prohibition (Amendment) Act, 2020 and GUR Regulation of Use Order 1968, dated 15.04.2025. He further submits that the mere possession of the Black Jaggery cannot be treated to an offence and in fact the government itself had issued G.O.Ms.No.149, Revenue (Excise-ll) Department, dated 18.04.2017 stating that the Black Jaggery is not a prohibited commodity and its possession or transportation cannot be the cause for seizure. The learned counsel for the petitioner further submits that petitioner approached the 3"'^ respondent and requested the release of the Jaggery, but the 3'" respondent stated that he is not the competent authority, and advised her to make a representation to the 2""^ respondent. Accordingly, the petitioner approached the 2"'^ respondent, requested the release of the stock, and expressed her willingness to furnish third-party surety. However, despite receiving the representation, the 2'"'^ respondent has not responded. Aggrieved by the inaction of the respondents, the present Writ Petition is filed. IS a case was mere 3. feS'V. 3 The learned Government Pleader for Prohibition & Excise submits that even though the mere possession of the Black Jaggery cannot be a cause for but, the petitioner upon being asked to show the source of the said Black Jaggery, she could not have been produced any material to show from where the said Black Jaggery has been procured. He submits that the inability of the petitioner to produce the necessary evidence or material showing the point of purchase of the said Black Jaggery had caused the authorities to seize 4. seizure the said Black Jaggery. The learned counsel for the petitioner would also rely upon the orders of 5. this Court in Criminal Petition No.3733 of 2020 dated 08.09.2020 and the orders of the Hon'ble High Court of Telangana at Hyderabad reported as Yaski Laxminarayana Vs. State of Telangana\ In both these judgments, the Learned Judges have taken the view that mere possession or transportation of the Black Jaggery is not an offence and as such any stock so seized should be released in favour of the petitioner and that his lawful activity of carrying on business in Black Jaggery could not be interfered with. Considering the submissions made by both the learned counsel and on perusal of the material on record, this Court is of the considered view that it 6. would be appropriate to dispose of this writ petition with a direction to the respondent Nos.2 to 4 to release the said Black Jaggery seized from the petitioner on furnishing appropriate surety by way of executing a personal bond for the value of Black Jaggery which has been seized. However, the respondents are at liberty to proceed further in accordance with law. 1.2021 see online TS 183

With the above direction, the writ petition is disposed of. No costs. \ As a sequel, interlocutory applications if any pending, shall stand closed. K J RAJA BABU ASSISTANT //// GiST.RAR SECTION OFFICER To 1. The Principal Secretary, Revenue (Excise) Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.

The Deputy Commissioner Prohibition and Excise, Rajamahendravaram Division, East Godavari District.

The Station House Officer, Prohibition and Excise Station Rajamahendravaram South, East Godavari District.

One CC to SRI. BABUJI TENNETI, Advocate [OPUC]

Two CCs to GP FOR PROHIBITION & EXCISE ,High Court Of Andhra ^ Pradesh. [OUT]

Three CD Copies