Andhra Pradesh High Court - Amravati
Madicharla Nagababu vs The State Of Ap on 26 July, 2021
Bench: Battu Devanand
1
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No.16885 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 4th respondent in registering crime vide F.I.R.
No.526/2020 against the petitioners, as illegal, arbitrary,
non application of mind and without jurisdiction/excessive
exercise of power conferred on him and contrary to section
34(A) of A.P. Excise Act, 1968 as amended by Act 17 of
2020 R/w Notification in G.O.Ms.No.411, Revenue (Excise-II)
Department, dated 24.09.2019 and consequently direct the
respondents to release the vehicle bearing No.T.S.08
F.Z.6228 together with compensation/damages to illegal
seizure as well as causing damages for illegal seizure to the
Maruti Suziki Ciaz dark silver Car bearing Registration
No.T.S.08 FZ 6228 in the interest of justice and pass such
order or orders may deem fit and proper in the
circumstances of the case.
2) A counter-affidavit has been filed by the respondents.
3) Heard Sri K. Swarna Seshu, learned counsel for the
petitioners and the learned Government Pleader for
Prohibition & Excise appearing for the respondents.
4) The 1st petitioner is the owner of Maruti Suziki Ciaz
dark silver Car bearing Registration No.T.S.08 FZ 6228.
While the 1st petitioner along with petitioners 2 and 3 are
travelling from Hyderabad to their native place on
07.07.2020 in Maruti Suziki Ciaz dark silver Car bearing
Registration No.T.S.08 FZ 6228, 4th respondent seized the
car at Padavalarevu, Eluru Road, Vijayawada alleging that
Magic Movement Vodka 375 ml bottles-2, Royal Stage
Whiskey 1 Lt. bottle-1, and Simirnoft Vodka 750 ml. bottle-
1 are found in the said car.
5) The 4th respondent registered a case in Crime No.526
of 2020 of Machavaram Police Station, Vijayawada City, for
the offence punishable under Section 34(a) of A.P. Excise
Act, 1968 as amended by Act 17 of 2020. The 4th
respondent seized the car and arrested the petitioners.
They were released on self bail with sufficient securities.
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 three petitioners
carried four (04) bottles which is permissible as per law and
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, the registration of crime is not 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.526 of 2020 of Machavaram Police
Station, Vijayawada City, are hereby quashed.
13) It is brought to the notice of the Court by both counsel
that the vehicle of the 1st petitioner seized in connection
with Crime No.526 of 2020 of Machavaram Police Station,
Vijayawada City, is released in favour of the 1st petitioner
and the vehicle is in the possession of the 1st petitioner. In
view of the same, the direction to release the vehicle is not
necessary in this case.
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: 26.07.2021
PGR
HON'BLE SRI JUSTICE BATTU DEVANAND
WRIT PETITION No. 16885 OF 2020
Dt: 26.07.2021
PGR
