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2008 Supreme(AP) 497

V.ESWARAIAH
Nallala Ram Reddy – Appellant
Versus
Commissioner, Prohibition & Excise of A. P. – Respondent


Advocates appeared:
Counsel for the petitioner: MR.A.PRABHAKAR RAO
Counsel for the respondents: GP FOR PROHIBITON & EXCISE

ORDER:

Petitioner seeks a Writ of Mandamus to declare the order dated 20.11.2002 in proceedings Cr.No.2928/2001/CPE/D4 passed by the first respondent whereby confirming the order dated 30.05.2001 in proceedings Cr.No.1775/96/P& E/B5 passed by the second respondent as illegal and arbitrary.

2. Petitioner submits that he is the owner of the car bearing No. AP16 E 2556 and on 25.07.1996, at about 16.40 hours the Sub-Inspector of Police, Hanamkonda/third respondent intercepted the car and seized the same on the allegation that the said car was found transporting 30 full bottles of Indian Liquor in contravention of Section 8(b) of the Andhra Pradesh Prohibition Act, 1995 (for short 'the Prohibition Act'). The police conducted panchanama before the mediators and seized the car along with the contraband and arrested him. Based on the said panchanama report a case is Cr.No.173 of 1996 dated 25.07.1996 was registered for violation of Section 8 (a) & (b) of the Prohibition Act and remanded him to judicial custody. The third respondent after investigation also filed a charge sheet before the Special Judicial First Class Magistrate for Prohibition and Excise Cases, Warangal and the learned Mag















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