DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE NIZAMABAD DIVISION NIZAMABAD ANDHRA PRADESH Vs. BALAJI CATTLE FEEDS

JUDGEMENT

(1.) The State of Andhra Pradesh is in appeal against the judgment of learned single Judge of the High Court of Andhra Pradesh allowing the writ petition filed by the respondents. By the impugned judgment it was held that the proceedings initiated against the respondents in seizing molasses along with tanker while in transit and confiscating the same is without any authority of law. The High Court accepted the plea that there was no material to show that the seized articles were intended to be used for manufacturing of rectified spirit.

(2.) In support of the appeal, learned counsel appearing for the State of Andhra Pradesh submitted that the High Court's approach is clearly erroneous. This was not a case where there was no material to show the commission of alleged crime. Whether there was adequate material already in existence or which could have been collected during investigation and their relevance is essentially a matter of trial.

(3.) Per contra, learned counsel for the accused-respondents submitted that on mere surmises and conjectures that the molasses being transported was intended to be used for the purpose of manufacturing illicit distilled liquor. Suspicion, however, strong cannot be a ground to initiate criminal proceedings thereby unnecessarily harassing the innocent transporters. It was further pointed out that the High Court has merely directed release of the tanker as well as the molasses and criminal proceedings have not been quashed.