MUTHNENI CHANDER Vs. STATE OF A P

JUDGEMENT

(1.) THE petitioners 1 to 4/A-1, A-2, A-4 and A-5 are accused of offence punishable under Section 36(b)(c) of A.P. Excise Act (in short, the Act) in C.C.No. 123/2009 on the file of Special Judicial Magistrate of the First Class for Excise cases, Warangal. A-1 is the licence holder of Sri Sravanthi Bar and Restaurant, Warangal. He is also owner of Parklane (SSS) wines, Warangal, which is being run with the licence issued in the name of A-3. A-2 is Gumastha of Parklane (SSS) wines. A-4 and A-5 are licensed shop owners of M/s. Kiran Wines and M/s. Sri SSS wines, Warangal. On the night of 11/12-4-2009, the Inspector of Police, Matwada Circle, raided the shop of Parklane (SSS) Wines and found that IMFL bottles were being sold in that shop by bringing the same from and in collusion with A-4 and A-5 for gaining more profits. Thus, the prosecution alleges that there was violation of conditions of licence committed by the accused and thereby rendered themselves punishable under Section 36(b) and (c) of the Act.

(2.) IT is contended by the petitioners' counsel that as per the Andhra Pradesh Excise (Powers and Duties) Rules, 1972 (in short, the Rules) Framed under Sections 52 and 53 of the Andhra Pradesh Excise Act, 1968, the Inspector of Police has no power to inspect or seize any contraband from any licensed shop. But, Rule 3(1) of the said rules empowers not only excise officers, but also any police officer of the rank and above the rank of Inspector as well as any officer of the Revenue Department to arrest any person for offences punishable under Sections 4, 35, 36, or 37 of the Act, to seize and detain any excisable and other article and also to detain and search any person. In view of Rule 3(1) of the Rules, it cannot be said that the Inspector of Police, Matwada Circle has no power to make inspector of Parklane (SSS) wines, Warangal and to detect the offence as well as to seize the IMFL bottles which were bring sold in contravention of the licence conditions in that shop.