HON'BLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.11174, 11189, 11137, 10728 and 11286 OF
2022
COMMON ORDER:
1.
Criminal Petition No.11174 of 2022 is filed by the petitioner to quash the proceedings against him in PR.No.59 of 2017, dated 15.02.2017 for the offence under Section 34(E) of A.P.Excise Act, 1968 on the file of Prohibition & Excise Station, Nirmal.
2. Criminal Petition No.11189 of 2022 is filed by the petitioner seeking to quash the proceedings against him in PR.No.9 of 2018, dated 24.01.2018 for the offence under Section 34(E) of A.P.Excise Act, 1968 on the file of Police Station Kadam.
3. Criminal Petition No.11137 of 2022 is filed by the petitioner seeking to quash the proceedings against him in PR.No.137 of 2022, dated 12.05.2022 for the offence under Sections 7(A) r/w 8(e) of A.P.Prohibition Act, 1995 and 34(E) of A.P.Excise Act, 1968 on the file of Prohibition & Excise Station, Nirmal.
4. Criminal Petition No.10728 of 2022 is filed by the petitioner seeking to quash the proceedings against him in PR.No.305 of 2016, dated 22.09.2016 for the offence under Section 34(E) of 2 A.P.Excise Act, 1968 on the file of Prohibition & Excise Station, Nirmal.
5. Criminal Petition No.11286 of 2022 is filed by the petitioner seeking to quash the proceedings against it filed in PR.No.386 of 2016, dated 05.12.2016 for the offence under Section 34(E) of A.P.Excise Act, 1968 on the file of Prohibition & Excise Station, Nirmal.
6. The petitioner in all the cases is the same, as such all the cases are disposed by way of this Common Order.
7. According to the police, the petitioner has sold varying quantities of jaggery, black jaggery and alum for the purpose of preparing ID liquor in all the cases. This petitioner has knowledge that the said jaggery and alum are used for the purpose of preparing ID liquor. In some cases ID liquor was also seized.
8. Learned counsel for the petitioner would submit that the office of the Commissioner of Prohibition & Excise, vide CR.No.4294/DPF/2001/C5, dated 22.12.2001 on the basis of the judgment in W.P.No.1970 of 2000, has instructed the Excise 3 authorities not to cause any undue harassment whatsoever in respect of genuine trade transactions of black jaggery covered by valid permits.
9. The Full Bench of this Court in the case reported in the case of Ganesh Traders (Kirana and General Merchants), Dhermapuri v. District Collector, Karimnagar and others in W.P.No.19706 of 2000 and batch reported in 2002 (1) ALD 210 (FB) held that when there is reasonable apprehension by the authorities that the black jaggery and alum are used to make ID liquor, then case can be registered under Section 34 (c) of the A.P.Excise Act. The reasonable belief in each case would depend on the prevailing circumstances of a particular case. Merely being in possession of black jaggery and alum, when they are permitted to sell under a valid permit, cannot be construed as the jaggery was meant for preparing ID liquor.
10. Learned counsel appearing for petitioner in all these cases would submit that in fact, the petitioner is the proprietor of M/s.Abdul Waheed Khan Kirana & General Merchants. A false case has been deliberately registered against the petitioner and he has 4 nothing to do with any illicit distillation. Petitioner cannot be mulcted with the criminal liability under the Excise Act, if the purchase of the jaggery from him was used in the preparation of ID liquor.
11. In all the five cases, the petitioner is suspected of providing black jaggery and alum for the purpose of preparing ID liquor. In the said circumstances, when the cases are under investigation, this Court cannot decide on the fact whether the petitioner had knowledge about such preparation of ID liquor and has provided jaggery in collusion or the purchasers misused the jaggery and alum purchased from the petitioner. These are all questions which can be decided only during the investigation and consequent trial if any.
12. For the reasons stated above, all the Criminal Petitions are dismissed. As a sequel thereto, miscellaneous applications, if any, shall stand closed.
__________________ K.SURENDER, J Date:27 .12.2022 kvs 5 HON'BLE SRI JUSTICE K.SURENDER CRIMINAL PETITION Nos.11174, 11189, 11137, 10728 and 11286 OF 2022 Date: 27.12.2022.
kvs 6