The court held that where a statutory remedy of appeal is available under the Excise Act, the petitioner must exhaust such remedy before seeking writ relief, particularly in serious cases involving psychotropic substance adulteration.

ORDER: (ORAL)

This writ petition is filed challenging the order passed by respondent No.3 – District Prohibition and Excise Officer, Secunderabad, vide proceedings in Crime No.B1/1748/2017/DP&EO(S) dated 25.04.2024, whereby the licence of petitioner No.1 Society was suspended.

2. Learned counsel for the petitioners submitted that a show cause notice was issued on 25.04.2024 and the impugned suspension order was also passed on the same day i.e., 25.04.2024, as such, there is violation of principles of natural justice and proviso to Section 31 (1) (e) of the Telangana State Excise Act, 1968 (for short, ‘the Excise Act, 1968’). It is submitted that toddy shop of petitioner No.1 Society was raided by the Inspector of Police, Lallaguda Police Station, Hyderabad, who is not a competent authority, and it is only the concerned Prohibition and Excise Inspector who can raid and register a case under the provisions of the Excise Act, 1968. Learned counsel referred to the order passed in W.P.No.33139 of 2023 dated 11.12.2023 and requested the same order to be passed in this writ petition also.

3. Learned Assistant Government Pleader for Prohibition and Excise submitted that against an order passed under Section 31 of the Excise Act, 1968, cancelling or suspending the licence, there is a statutory remedy of appeal under Section 63 (1) of the Excise Act, 1968, and thus, in view of the effective alternative remedy available to the petitioners, the writ petition is not maintainable.

4. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Prohibition and Excise.

5. The show cause notice vide proceedings in Crime No.B1/1748/2017/DP&EO(S) dated 25.04.2024 was issued calling upon the petitioners to explain within seven days from the date of receipt of the notice as to why licence shall not be cancelled for contravention of the Telangana State Excise (Grant of Licence to sell toddy, Conditions of licence and tapping of Excise Trees) Rules, 2007 (for short, ‘the Rules, 2007).

6. In the show cause notice, it is alleged that the Inspector of Police, Lallaguda Police Station, Hyderabad, reported that on 02.11.2023 at about 2050 hours, on receipt of a complaint that three persons were in possession of some Narcotic drug and other ingredients for making impure toddy at toddy (Kallu) compound, Lalapet, he went to the spot and apprehended three persons namely Papaiah Goud (owner of the toddy compound), B. Venkatesh Goud and Cheguri Venkatesh Goud (Incharge of the toddy compound); that on enquiry, the said three persons confessed that there were in possession of Narcotic drug, which seems to be Barbiturates family drug, and other ingredients for making huge adulterated toddy by mixing the said drug and to the same at the toddy shop of petitioner No.1 Society; that he secured two panchas; and that the officials entered into the toddy shop and found seven sachets of Narcotic drug (each sachet containing 4 grams), two plastic tins of toddy (each tin containing 20 litres of toddy) and other ingredients and the same were seized and sent the samples to Telangana State Forensic Science Laboratory (TSFSL) for further investigation.

7. It is further stated in the show cause notice that as per the report of the TSFSL, item 2 of the seized material contains “Alprazolam”, a psychotropic substance along with Ethyl Alcohol vide File No.NAR/1096/2023 dated 25.11.2023, thus, it is alleged that petitioner No.2, who is the President