JARNALA SUBBARAYUDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application filed under Sec. 482 of the Code of Criminal Procedure to quash the proceedings in C.C.No. 1206 of 1999 on the file of the learned Special Judicial First Class Magistrate for Prohibition and Excise, Cuddapah in which the petitioner is arrayed as the sole accused.

(2.) The petitioner is alleged to have committed an offence punishable under Section 34(a) of the Andhra Pradesh Excise Act. It is the case of the prosecution that on 3-5-1995 at 10.30 a.m. during the route watch conducted by the Prohibition and Excise Inspector, Yerraguntla and his staff, the petitioner herein was found carrying a plastic can on his right hand shoulder and on seeing the excise staff the petitioner tried to run away and on suspicion, the Inspector of Prohibition and Excise surrounded him and detained him and also examined the contents of the black plastic can and found 35 litres of I.D liquor in it and seized the same. Basing on the same, a case in Crime No. 101/94-95 on the file of the Yerraguntla Prohibition and Excise Station has been registered. After completing the investigation, the charge-sheet was filed on 16-6-1998.

(3.) In this petition, it is contended by the learned Counsel for the petitioner that the sentence for the offence punishable under Section 34(a) of the Act is only six months and the time for filing the charge-sheet is one year from the date of offence. In this case, the offence took place on 3-5-1995 and the charge-sheet is filed on 16-6-1998 and therefore, the charge-sheet is barred by limitation. Learned Counsel would place reliance upon the decision of a Division Bench of this Court in Kondakkagiri Kesava Reddy v. State of A.P. in which it is held "the sentence for the offence u/s. 34(a) of the A.P. Excise Act is only six months. For such offence the time prescribed for filing the charge-sheet is one year from the date of alleged offence. Since the charge-sheet is filed after 5 years 8 months in this case, the charge-sheet is barred by limitation and the proceedings are liable to be quashed."