Andhra Pradesh High Court - Amravati
Syed Raheem, vs The State Of Andhra Pradesh on 14 December, 2021
Bench: Battu Devanand
1
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.20906 OF 2020
ORDER:
This writ petition has been filed to issue a writ, order
or direction or any appropriate writ, more particularly one
in the nature of Writ of Mandamus to declare the action of
the respondents in registering the Crime No.309 of 2020 of
Panyam Police Station, Panyam, Kurnool District for the
alleged office under Section 34 (a) of A.P.Excise Act, as
illegal, arbitrary, violation of principles of natural justice
and violation of G.O.Ms.No.411 dated 24.09.2019 and
contrary to Excise Rules A.P.Excise Act, 1968 and
consequently set aside the same by directing the
respondents to release the Sedan Car bearing No.TS 09 UB
1647 to the petitioner pending disposal of the Writ Petition.
2) A counter-affidavit has been filed by the respondent
No.5.
3) Heard Smt.Marella Radha, learned counsel for the
petitioners and the learned Government Pleader for
Prohibition & Excise appearing for the respondents.
4) Petitioner No.2 is the owner of Sedan Car bearing No.
TS 09 UB 1647. Petitioner No.1 took the said car from
Petitioner No.2 to visit Hyderabad. While petitioner No.1
was returning to Nandyal from Hyderabad on 24.07.2020,
respondent No.5 seized the said vehicle alleging that he is
carrying three Signature Ultra Premier Grain Whisky 750 ML
bottles in the said vehicle.
5) Thereupon, respondent No.5 registered a case in
Crime No.309 of 2020 of Panyam Police Station, Panyam,
Kurnool District, for the offence punishable under Section
34(a) of A.P. Excise Act, 1968 as amended by Act 17 of
2020.
6) The learned counsel for the petitioners would submit
that the 1st respondent issued notification in G.O.Ms.No.411,
Revenue (Excise-II) Department, dated 24.09.2019 in
exercise of power under Section 14(1) of A.P. Excise Act (ii),
1968, specifying the maximum quantity of intoxicants which
a person may have in his possession at a time without a
permit or license is three (3) bottles.
7) Learned counsel for the petitioners contends that as
and when the Government issued G.O.Ms.No.411, dated
24.09.2019 permitting a person to possess the quantity of
three (03) bottles, in the present case, the petitioner No.1
carried three bottles, which is permissible as per law, and
therefore, the petitioners did not commit any offence as per
Excise Act, 1968.
8) Learned counsel for the petitioners further submits
that the action of the respondents in registering case
against the petitioners and seizing the vehicle is arbitrary,
illegal and contrary to the provisions of the A.P. Excise Act
and Rules made thereunder and Government Orders issued
time to time.
9) Learned counsel for the petitioners further submits
that this High Court in similar circumstances in
W.P.No.14380 of 2020 directed the respondents therein to
release the vehicle by quashing all further proceedings
under crime registered therein, as the same does not
disclose any commission of offence. Accordingly, the
learned counsel for the petitioners sought to allow the writ
petition.
10) On the other hand, learned Government Pleader for
Prohibition & Excise would submit that there is no doubt
that G.O.Ms.No.411, dated 24.09.2019 says a person can
possess three (03) bottles of liquor, but it does not permit
the person to transport and import them from other states.
As such, registration of crime is not in violation of any Rules
or not arbitrary and this is purely fit case for prosecution for
offence under Section 34(a) of A.P. Excise Act.
11) Having heard the submissions of both the counsel and
upon perusal of the material available on record, it is clear
that the issue involved in the present writ petition is
squarely covered by the order passed by this Court in
W.P.No.14386 of 2020. In the said writ petition also the
contentions of both parties are same. After considering
rival contentions this Court allowed W.P.No.14386 of 2020.
The finding of the Court in the said writ petition is extracted
hereunder:
This Court is, therefore, of the clear view that
the possession or the transportation of liquor and
other intoxicants etc., upto the limits as per the
G.O.Ms.No.441, which are as follows:
*1) Indian Made Foreign Liquor (IMFL) : 3 bottles of any size
2) Foreign Liquor (FL) : 3 bottles of any size.
3) Denatured/ emthylated spirit : 3 bulk litres
4) Beer : 6 bottles of 650 ml each
5) Toddy : 2 bulk litres
6) Rectified spirit / intoxicating drugs : Nil."
is not an offence whether the liquor is purchased in
the State of Andhra Pradesh or if the liquor, etc., is
purchased outside the State of Andhra Pradesh and is
brought into the State of Andhra Pradesh.
For the above reasons W.P.No.14386 of 2020 is
allowed. The action of the State in registering the
crime on the ground that the alcohol is brought into
Andhra Pradesh from the neighboring State is held to
be bad in law. All further proceedings under Crime
No.95 of 2020 of Rampachodavaram Police Station,
are quashed, in line with the landmark judgment of
the Hon'ble Supreme Court of India in Bajanlal case
(3) since the uncontroverted allegations in the FIR
etc., do not disclose the commission of any offence.
Consequently, a direction is issued to the respondents
to immediately release the vehicle bearing No.AP 31
ZG T/R 2970.
12) By following the proposition of law laid down by this
Court in W.P.No.14386 of 2020, this writ petition is allowed
with the following direction:
All and further proceedings pursuant to registering a
case in Crime No.309 of 2020 of Panyam Police
Station, Panyam Kurnool District, are hereby quashed.
13) Consequently, the respondents are directed to release
the Sedan Car bearing No. TS 09 UB 1647 to petitioner
No.2 forthwith.
14) There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, in
the Writ Petition shall stand closed.
_______________________
JUSTICE BATTU DEVANAND
Date: 14.12.2021
eha
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 20906 OF 2020
Dt: 14.12.2021
eha
