HONOURABLE SRI JUSTICE B. VIJAYSEN REDDY WRIT PETITION No.11739 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.B1/1339/2017/DP&EO(S) dated 25.04.2024, whereby the licence of the petitioner Society was suspended.

2. Learned counsel for the petitioner 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 the petitioner Society was raided by the Inspector of Police, Gandhi Nagar 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 petitioner, the writ petition is not maintainable.

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

5. The show cause notice vide proceedings in Crime No.B1/1339/2017/DP&EO(S) dated 25.04.2024 was issued calling upon the petitioner 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, Gandhi Nagar Police Station, Hyderabad, reported that on 02.11.2023 at about 20:00 P.M., he received a confession-cum-seizure panchanama from the Sub-Inspector of Police, Gandhi Nagar Police Station, conducted on 02.11.2023 at 20:00 P.M at H.No.6-3-5, New Bhoiguda, Hyderabad, by securing two panchas; on credible information about sale of adulterated toddy in the above address, the officials entered into the toddy shop and found one person by name Mallam Anjaneyulu Goud, the President of the petitioner Society, and one Nagelli Naresh conducting business vide licence No.5 dated 31.12.2014 and seized three (03) cases (each case containing 12 bottles) from toddy boxes 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.299 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 vide File No.NAR/1098/2023 dated 25.11.2023, the seized material contains “Alprazolam”, a psychotropic substance along with Ethyl Alcohol, thus, it is alleged that the President of the petitioner 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 25.04.2024, the impugned suspension order dated 25.04.2024 was passed stating that the licence of the petitioner is kept under suspension, pending enquiry, in the interest of public health.

9. It is stated that in similar matter, order dated 11.12.