A SUBRAMANYAM Vs. PROHIBITION AND EXCISE INSPECTOR TIRUPATHI

JUDGEMENT

(1.) This criminal petition, under Section 482 of Criminal Procedure Code, has been filed seeking quashing of the proceedings in PR No. 297/97-98 dated 19-8-1998 on the file of the prohibition and Excise Station, Tirupathi in which a case has been registered against the petitioner for offence punishable under Section 36(d) of the A.P. Excise Act, (for short "the Act").

(2.) It appears that on 19-8-1998, at about 8.50 p.m. when the Excise Inspector inspected the shop of the petitioner, who is a licencee under Rule 23 of the A.P. Excise Rules for sale of Indian liquor/foreign liquor and beer, he found that a person was consuming beer in the licenced premises of the petitioner situated at Tirupathi town. On finding this, the first information was recorded and presumably investigation was taken up. The contention of the learned Counsel for the petitioner is that even according to the First Information Report the petitioner never permitted the person concerned to consume the liquor in the licenced premises and as such no offence has been made out against him. It is also pointed out by the learned Counsel for the petitioner that on this very ground the petitioner's excise licence was cancelled by the licensing authority and that questioning the same the petitioner filed Writ Petition No. 19229 of 1999 and that the said writ petition has been allowed setting aside the cancellation of the petitioner's licence with an observation that there is nothing to show that the petitioner had permitted the person to consume liquor in the licenced premises.

(3.) Learned Public Prosecutor on the other hand contends that the matter is at the investigation stage and there are no grounds for quashing the proceedings at this stage.