( 1 ) THE petitioner is a wine shop owner in Somendapalli village in anantapur District. He was granted with an IL-24 licence under the provisions of the a. P. Excise Act for the Excise year 1998-99 by the Excise Department. The petitioner then commenced his business in the name and style of M/s. Pawn Wines at somandapalli village.

( 2 ) ON 7-11-1998 at about 10 a. m. , during the raids conducted by the officers of the Prohibition and Excise Department, hindupur, it was found that a person by name Mangala Maruthi Prasad was standing with a polythene bag at the tank bound situated at a distance of 1 1/2 K. Ms, from somandapally on N. H. No. 7 road. On suspicion, the said Mangala Maruthi Prasad was detained by the Prohibition and Excise inspector i. e. , the 4th respondent herein. On enquiry,. it appears that the said Mangala maruthi Prasad has stated that he was carrying about 150 arrack sanchets, each containing 100 ml of arrack. It appears that the said person further stated that the said arrack sachets were supplied by the petitioner for selling it at Somandepally on commission basis. Thereupon, the 4th respondent- prohibition and Excise Inspector drawn samples of