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2001 Supreme(AP) 1403

GODA RAGHURAM, S.B.SINHA, V.V.S.RAO
Ganesh Traders (Kiranaand General Merchants) – Appellant
Versus
District Collector, Karimnagar – Respondent


S. B. SINHA, J.

( 1 ) POSSESSION and transport of black jaggery although by itself is not an offence, can the vehicles carrying the same, be liable to be seized under the provisions of the Andhra Pradesh Excise Act and the Andhra Pradesh Prohibition Act is the question involved in these writ applications ?

( 2 ) FACTS of each case may be noticed briefly thus: In Writ Petition No. 354 of 2001 the petitioners were transporting 10176 kilograms of jaggery in a lorry bearing No. ABT 5508. The said lorry was seized and such seizure is challenged in this writ petition on the ground that it is illegal and arbitrary. Writ Petition No. 19706 of 2000 is filed assailing the action of the respondents in interfering with their day-to-day business in all varieties of jaggery and alum. The petitioners in Writ Petition No. 22705 of 2000 seek quashing of the criminal proceedings and also to declare the seizure of jaggery as illegal and void.

( 3 ) IT is the case of the petitioners that sale of jaggery is neither prohibited nor restricted under law. It is further contended that in the event of allowing the writ petitions, the loss accrued to the petitioners by keeping the vehicle idle cannot be compen




































































































































































































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