RENIKINDI PRAKASH Vs. STATE OF A P

JUDGEMENT

(1.) This is an application to quash the FIR in Crime No. 242/02-03 of Prohibition and Excise Station, Jammikunta, Karimnager District, registered under Sections 13(f) and Section 34(e) of A.P. Excise Act.

(2.) The case of the prosecution is that on 26-9-2002 petitioners were illicitly transporting black jaggery weighing about 94.65 quintals in the lorry bearing No. AAA.7222 from Kamareddy to Parkal. First petitioner, a partner of the firm Renikindi Dattaiah and Sons, 2nd petitioner, a clerk in the said firm, 5th petitioner who is the owner of the lorry AAA.7222, 3rd and 4th petitioners, driver and cleaner respectively of the said lorry, have filed this petition to quash the proceedings against them on the ground that they did not commit any offence under the provisions of the Excise Act and even if the allegations in the FIR are all taken to be true, it would not amount to an offence under the Excise Act.

(3.) Heard the learned counsel for the petitioners and the Additional Public Prosecutor.