HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.13232 OF 2024 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.B8/296/2023/DP&EO(S) dated 26.04.2024, 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 26.04.2024 and the impugned suspension order was also passed on the same day i.e., 26.04.2024, 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, Madannapet 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.B8/296/2023/DP&EO(S) dated 26.04.2024 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, Madannapet Police Station, Hyderabad, reported that on 02.11.2023 at about 21:00 P.M., he received a confession-cum-seizure panchanama from the Sub-Inspector of Police, Madannapet, conducted on 02.11.2023 at 18:00 P.M at H.No.17-2-790/1/A, Rein Bazar, Hyderabad, by securing two panchas; on credible information about sale of toddy mixed with intoxicant in the above address, the officials entered into the toddy shop and found one person by name D. Vinod Kumar Goud (petitioner No.2) conducting business vide licence No.1/2023-24/DP&EO(S) dated 04.07.2023 and seized 10 litres of toddy in 2 drums, white colour paste and one kilogram of tasting soda and the same were transferred to the plastic bottles and sent the samples to Telangana State Forensic Science Laboratory (TSFSL) for further investigation and registered a case in Crime No.195 of 2023 under Section 37-A of the Excise Act, 1968.

7. It is further stated in the show cause notice that as per the report of the TSFSL, the seized material contains “Alprazolam”, a psychotropic substance along with Ethyl Alcohol vide File No.NAR/1145/2023 dated 25.11.2023, thus, it is alleged that petitioner No.2, who is the President of petitioner No.1 Society, is involved in adulteration of toddy with Alprazolam and contravened Rule 16 of the Rules, 2007 and punishable under Section 8 (c) read with 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short, ‘the NDPS Act’) and it calls for initiation of proceedings under Section 31 (1) (b) of the Excise Act, 1968.

8. It appears, along with the show cause notice dated 26.04.2024, the impugned suspension order dated 26.04.2024 was passed stating that the licence of the petitioners is kept under suspension, pending enquiry, in the interest of public health.

9. It is stated that in similar matter, order dated