PUSALA VENKATESWARA RAO Vs. STATE OF A P

JUDGEMENT

(1.) This petition is filed to quash the proceedings in Crime No.4 of 2002 of Kodad Police Station.

(2.) On 29-3-2002 at 1-30 hours, when he received information that one lorry was stationed with load of black jaggery at the shop of Chenna Rajaiah, Sub-Inspector of Police, Kodad, went to the shop of Rajaiah after securing two Panchas, and saw the lorry bearing No.AP 16 TT/1798 stationed in front of the shop of Rajaiah and found 340 bags of black jaggery in the body of the lorry. On enquiry the Driver and the Cleaner and another person revealed their names and admitted their guilt, and so he conducted a Panchanama in the presence of the mediators and seized 340 bags of black jaggery and also the lorry with load documents and trip sheet, and arrested those three persons and registered a case in Crime No. 43 of 2002 under Section 34(E) of the A.P. Excise Act (for short, 'the Act'). Alleging that his investigation established that Rajaiah, who is running Kirana and Black Jaggery business, is supplying jaggery to needy persons and is earning profits, and that A2 and A3, who are the Driver and the Cleaner of the lorry, have loaded the lorry with 340 bags of black jaggery from Praveena Traders at Chithur and proceeded to Kodad on 29-3-2002 for unloading the goods at the shop of A1 with an intention to sell that black jaggery to neighbouring traders for manufacturing ID liquor, Sub-Inspector produced A1 and A2 before the learned Magistrate for judicial remand. This petition is filed by the owner of the lorry to quash the seizure of the lorry on the ground that no offence is committed by him under Section 34(E) of the Act.

(3.) Learned Counsel for the petitioner contended that even if the averments in the complaint are taken to be true, since petitioner did not commit and offence under Section 34 (E) of the Act, and for the reason the seizure of the lorry is in violation of the instructions of the Commissioner of Prohibition and Excise in his circular C.R No.4294/DPE/2001/CS, dated 12-4-2002, issued in pursuance of a judgment of this Court in WP No.19706 of 2000, the seizure of the lorry is liable to be quashed, because all the relevant documents were available with the Driver and the Cleaner of the lorry at the time of unloading the goods, and since there is nothing on record to show that the black jaggery is sold to any of the persons for preparation of illicit liquor.