K NARSIMHA Vs. STATE

JUDGEMENT

(1.) This petition is filed under Section 482 Cr.P.C. to quash the proceedings in C.C. No. 172 of 2002 on the file of Judicial Magistrate of First Class, Zaheerabad.

(2.) It is alleged that on 4-10-99 at about 10.30 p.m. when the vehicles were being checked at the check post, petitioners who are traveling in a TATA Sumo vehicle bearing No. AP11F 3956 were found in possession of 13 bottles of whisky without having license or permit. The prohibition and Excise Police, Zaheerabad registered a case in Cr.No. 1/1999-2000 and filed charge-sheet in C.C.No. 172 of 2002 against the petitioners for offences under Section 7(1) of A.P. Prohibition Act r/w 34(a) of A.P. Excise Act, 1968. This petition is filed to quash the said charge-sheet.

(3.) The contention of the Learned Counsel for petitioners is that since the petitioners are ten in number and since the stock seized from their possession is only 13 bottles, they cannot be said to have committed any offence inspite of the fact that they are not in possession of any permit, in view of the Notification in G.O.Ms.No. 268, Revenue dated 1-4-1997, issued under Section 14(1) of A.P. Excise Act effective from 18-4-1997 which says that a person can be in possession of six quart bottles, each containing 750 ml. of Indian liquor, six quart bottles of 750 ml. of foreign liquor, three bulk litres of Denatured spirit, three bulk litres of Methylated spirit, 12 bottles, of 650 ml. Beer, two bulk litres of toddy, without a permit or license and so charge-sheet against them is liable to be quashed.