MALE RAMNADHAM Vs. STATE OF A P

JUDGEMENT

(1.) This is a petition to quash the FIR in Crime No.367/2002-03 of Prohibition and Excise Station, Mahabubabad, Warangal District, registered under Section 7(A) read with 8(e) of A.P. Prohibition Act, 1995 read with Section 109 IPC, against the petitioners, shown as A2 and A3 therein.

(2.) The case of the prosecution is that on information given by one Banothu Saroja that petitioners have supplied black jaggery for preparation of illicit arrack, the excise police raided the premises bearing No. 1-3-112 and found 25 bags of black jaggery, one bag of alum and one bag of navasaram in the premises belonging to the petitioners and seized the said stock, and registered a case in Cr.No.367/2000-03 against the said B. Saroja and petitioners. First petitioner is the owner of the premises bearing No.1-3-112 and second petitioner is the clerk of the first petitioner.

(3.) The contention of the learned Counsel for petitioners is that since possession and sale of black jaggery, alum and navasaram, which are not declared as 'intoxicants' under Excise Act, per se is not an offence, and since the petitioners need not find out from the purchaser the purpose for which he is making the purchase, even if the purchaser makes use of the black jaggery purchased from the petitioners for illicit purposes, petitioners cannot be said to have abetted the offence of distilling illicit arrack by the purchaser, and so seizure of the stock of black jaggery, alum and navasaram from the premises of the petitioners and registering a crime against them is wholly unwarranted and unsustainable, and so the FIR is liable to be quashed. Heard the learned Additional Public Prosecutor,