1. Questioning the order of confiscation of the tractor and trailer belonging to the petitioners by the 2nd respondent, which was confirmed by the 1st respondent in an appeal preferred by them, petitioners filed this writ petition.

2. The case of the petitioners is that inasmuch as no contraband was seized from the tractor and trailer they are not liable for confiscation under the provisions of the A.P. Excise Act (the Act).

3. The case of the respondents is that on reliable information that an illegal toddy depot where toddy mixed with chloral hydrate was being sold, they went to that place and found toddy being sold in a hut and a tractor and trailer in front of that hut without any attendant there and so they seized all the bottles, tubs etc., found in the hut and tractor and trailer also as it was used for carrying the illicit toddy and issued notice to the owners of the tractor and trailer to show cause why the tractor and trailer cannot be confiscated and having considered their explanation, which is not satisfactory, they confiscated the tractor and trailer of the petitioners.

4. On my directions the learned Government Pleader produced the relevant file, which contains a translated panchanama of seizure. It reads

We, the panchas on the call by the above stated officers, came over on the above date to the place and after present himself introduced as C.Sai Reddy C.I. of Police STF, P & E AP Hyd, and stated that they received credible information that one person established the illegal toddy depot oat the outskirts of Pachapur village and selling toddy in different villages by sending in tractor by adulterating the toddy with chloral hydrate and they wanted to check the premises and requested us to act as mediators for which we readily agreed. We and officers entered into the depot. We found one old person sitting in front of the toddy depot, which is surrounded by right, left and back with paddy crop in front of water canal. On requisition he disclosed his name as Khaja S/o Mahboob Saab R/0 Pochapur village. On questioning about the depot in charge he stated that the paddy field and surrounding land belongs to them and one Narender of Babipet purchased a piece of land from him 3 years back and one Sattaiah S/0 Shankar Goud R/0 Gokapally village illegally running the depot. Present in the hut and on examination of the area we found 45 wooden empty cases of 24 bottles, 29 empty wooden cases without bottles, 1 wooden tub of 1000 liters and 1 wooden cases without bottles, 1 wooden tub of 1000 liters and 1 wooden tub of 2000 liters, empty, 5 wooden cases with 24 bottles of 650 ml toddy and a tractor bearing No.KA - 38 T - 107 Model 575 B 1 of Mehindra company (EN BD-12756DU) with trailer without number parked in front of the toddy depot. Efforts are made to trace out the person/owner but in vain. Hence collected a neat & clean earthen pot from the depot and taken toddy sample from each case at random and subjected for chemical test by Gifford Anti cleaning examination. After test he disclosed that the toddy is adulterated with chloral hydrate. Hence drawn 3 samples taken in neat & clean glass bottles of 650 ml with 400 ml. Samples are seized and sealed as per procedure. On further search about 3 kg of raw chloral hydrate found in a bag 2 samples of 100 ml each drawn and seized the chloral hydrate and sealed as per the procedure. Adulterated toddy is destroyed as it is not fit for human consumption. Hence seized the tractor KA 38 T - 107 with trailer, 45 wooden cases empty crates, 2 wooden tubs of 1000 & 2000 liters, 5 wooden cases with 24 bottles each and 3 kg of raw chloral hydrate and taken into possession for further action. As on search the officer could not find any permit or licence to run the depot. Hence it is a illegal depot of toddy and running it without licence is an offence under the AP Excise Act. Efforts made to locate Narender and Sattaiah but in vain.

From the above panchanama it is clea