ORDER:

This Writ Petition is filed seeking Writ of Mandamus declaring the action of the 2nd respondent to release the petitioner’s black jaggery stock i.e., 30 bags of black jaggery each bag containing around 50 kgs total 1,500 kgs of black jaggery value of worth Rs.15,000/- seized in connection with COR.No.81/2026 dated 05.05.2026 on the file of the SHO, Thungathurthy Prohibition and Excise Station, U/s 7 (a) r/w 8e of Telangana State Prohibition Act, 1995, (for brevity, ‘The Act of 1995’) U/s 34 e of TS Excise Act,1968, as illegal, arbitrary and unjust and also violative of Articles 14, 19 and 21 and 300A of the Constitution of India, and consequently direct 2nd respondent to release of the stock to the petitioner forthwith.

I. Facts:

2. The case of the petitioner, as pleaded in the affidavit filed in support of the Writ Petition, is that the petitioner had purchased 30 bags of black jaggery (each bag containing around 50 kgs.) total 1,500 kgs. by way of bill, dated 03.05.2026. While transporting the same in Ashok Leyland Good Carriage-LMV Vehicle bearing No.TS15UC5434, the same was seized in C.O.R.No.81 of 2026.

II. SUBMISSIONS:

3. Learned counsel for the petitioner would submit that mere transportation/possession of black jaggery is not an offence and the same is not prohibited under the provisions of the Act, 1995 and the Rules made thereunder. He would further submit that the Government had issued Circular Memo No.47802/ Ex.III.1/2006-13, dated 20.12.2010 wherein the specific instructions have been issued to the authorities that black jaggery or rotten jaggery or any other form of jaggery are likely to be agricultural produce or its bio products are not to be seized merely on the ground that the black jaggery is being transported, if the same is accompanied by valid documents.

4. Learned counsel for the petitioner further submits that the petitioner is presently seeking only release of the stock i.e., 30 bags of black jaggery (each bag containing around 50 kgs.) total 1,500 kgs which was seized in C.O.R.No.81 of 2026, dated 05.05.2026, on the file of the SHO, Thungathurthy Prohibition and Excise Station U/s 7 (a) r/w 8e of TSPA1995, U/s 34 e of TS Excise Act,1968.

5. Learned Assistant Government Pleader for Prohibition and Excise appearing for respondents, upon instructions would submit that while intercepting the vehicle, the police found 30 bags of black jaggery (each bag contains around 50 kgs.) total 1,500 kgs and 20 kgs of Alum in a plastic bag and a can containing 10 liters of ID liquor. Therefore, the authorities have affected seizure of the goods and the vehicle, in which such goods are being transported. Stating so, he prays this Court to dismiss the writ petition.

III. ANALYSIS:

6. The controversy in the present Writ Petition is confined to seeking release of the seized stock of 30 bags of black jaggery (1,500 kg) seized on 05.05.2026. The petitioner is not, at this stage, seeking adjudication upon the legality of the seizure or the criminal proceedings. The limited relief sought is release of the stock pending further proceedings.

7. As per the submissions of the respondents, upon interception of the vehicle, authorities found not only 30 bags of black jaggery, but also 20 kg of alum and 10 litres of ID liquor. Based on the recovery of these materials, which are allegedly connected with illicit liquor activities, the authorities seized both the goods and the vehicle. The respondents, therefore, contend that the seizure was justified and seek dismissal of the writ petition.

8. This Court also takes note of the fact whether continued detention of the black jaggery is justified. The petitioner's case is strengthened by the fact that black jaggery is not a prohibited commodity and was allegedly transported under valid documentation. However, the respondents rely on the recovery of alum and ID liquor to establish a prima facie link with illicit liquor activities. Consequently, the Court is likely to examine whether