Andhra Pradesh High Court - Amravati
M/S Fleming Dutyfree Shop Pvt Ltd vs State Of Andhra Pradesh Represented By ... on 27 November, 2025
APHC010719342017
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION NO: 15823/2017
Between:
1. M/S FLEMING DUTYFREE SHOP PVT LTD, NO.1, ARCOT ROAD,
CWC, VIRUGAMBAKKAM, CHENNAI-600092 REPRESENTED BY ITS
AUTHORISED SIGNATORY, SHRI RAMESH C S/O G.CHITTIBABU,
AGED : 41 YEARS, OCCUPATION : SENIOR MANAGER (LOGISTICS)
RIO CHENNAI
...PETITIONER
AND
1. STATE OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL,
SECRETARY, PROHIBITION AND EXCISE; EXCISE COMPLEX,
R.S.NO. 88-2B, SAI VIHAR APARTMENTS, POULTRY FARM ROAD,
PRASADAMPADU, (V), VIJAYAWADA - 521108, AMARAVATHI,
ANDHRA PRADESH.
2. THE COMMISSIONER PROHIBITION AND EXCISE GOVERNMENT
OF, ANDHRA PRADESH, EXCISE COMPLEX, R.S.NO. 88-2B, SAI
VIHAR APARTMENTS, POULTRY FARM ROAD, PRASADAMPADU,
(V), VIJAYAWADA - 521108, AMARAVATHI, ANDHRA PRADESH.
3. THE SUPERINTENDENT OF PROHIBITION AND EXCISE PALASA,
SRIKAKULAM DISTRICT, ANDHRA PRADESH .
4. THE DEPUTY COMMISSIONER OF PROHIBIT AND EXCISE
SRIKAKULAM, ANDHRA PRADESH
5. THE SUPERINTENDENT PROHIBITION AND EXCISE ICHAPURAM,
CHECK POST, SRIKAKULAIRL DISTRICT, ANDHRA PRADESH.
Page 2 of 5
6. THE INSPECTOR OF PROHIBITION AND EXCISE INTEGRATED
CHECK, POST, PURUSHOTHAPURAM, SRIKAKULAM DISTRICT,
ANDHRA PRADESH
7. M/S MADHA TRANSPORT NO 3 SELVI APARTMENT JAWAHARLAL
NEHRU, ROAD, JAFFERKHANPET, CHENAI-600083
...RESPONDENT(S):
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased toto issue ;an appropriate Writ, Order or Direction, more particularly
one in the nature of writ of Mandamus, declaring the action of Respondents in
detaining the truck with Registration No. TN12H4223 containing 332 cases of
assorted foreignliquor and cigarettes loaded from the Central Warehouse
Corporation at Chennai and duly sealed by the Department of Customs,
Government of India since 04.04.2017 without causing any prior notice or
giving any Show cause notice on the ground of non production of "Through
Transit Permit" as arbitrary, illegal, contrary to Sub Rule 5 of Rule 16 of the
A.P. Excise (Import, Export and Transport of Indian Made Foreign Liquor and
Foreign Liquor - Permit) Rules, 2005, violative of Constitutional Guarantee
under Article 14 and 19(1)(g) of the Constitution of India, violative of principles
of natural justice and consequently direct the respondents to release the truck
and the driver with registration No. TN12H4223 sealed by the Customs
Department in the interest of justice
IA NO: 1 OF 2017(WVMP 2824 OF 2017
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased
vacate the interim orders dt: 27.04.2017 in WPMP No. 19483 of 2017 in WP
No. 15823 of 2017
IA NO: 2 OF 2017(WPMP 19483 OF 2017
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the Respondents herein to release the truck with registration No.
TN12H4223 and the driver and permit the vehicle to proceed to the Central
Warehouse Corporation, Kolkata with the bonded goods pending disposal of
above main writ petition, in the interest of justice.
Page 3 of 5
Counsel for the Petitioner:
1. S LAKSHMI KANTH
Counsel for the Respondent(S):
1. GP FOR PROHIBITION & EXCISE (AP)
The Court made the following:
Page 4 of 5
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No.15823 of 2017
ORDER:-
Despite the writ petition being listed under the caption 'for dismissal', there is no representation on behalf of the petitioner. Hence, it indicates that the petitioner is not interested in prosecuting the writ petition.
Therefore, the Writ Petition is dismissed for non prosecution.
There shall be no order as to costs.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 27.11.2025 TVN Page 5 of 5 15 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.15823 OF 2017 Date: 27.11.2025 TVN