PUBLIC PROSECUTOR Vs. LINGAM RAMCHANDERIAH

JUDGEMENT

(1.) This is an appeal by the State against the acquittal of the respondent, the sole accused in C.C. No. 5494 of 1970 on the file of the IV City Magistrate, Hyderabad, who was tried for an offence punishable under section 34 (a) of the Andhra Pradesh Excise Act, 1968, hereinafter referred to as 'the Act' for transporting 5311/2 litres of liquor in 16 motor car tubes (M.Os. 1 to 16) in the car bearing No. APX 325, without a licence on 13th September, 1970 at about 1-30 A.M. at Toli Chowki cross roads near Golconda.

(2.) The prosecution case is that the Sub-Inspector of Police, Golconda Police Station (P. W. a) on information that illicit liquor was being transported from Nakramguda to Hyderabad City by car he along with three police constables and two panch witnesses, including P. W. I, waited at Toli Chowki cross roads. At about 1-30 A.M. one motor car came from Nakramguda side and was going towards Hyderabad City. They stopped the car. Besides the driver two persons were in the car. The two persons in the car jumped and escaped. The respondent was the driver They found in the car 16 motor tabes containing liquor. When they questioned the respondent whether he has any licence or any permit for transporting liquor he replied in the nagative. Then P. W. 2 conducted a panchanama, Ex. P-1 and seized the car and the liquor tubes. Then P.W. 2 took the respondent and the seized property to Golconda police station. Afrer registering the case he released the respondent on bail. On 14th September, 1970, he sent the car and M. Os. 1 to 16 tubes and the concerned documents to the Excise Department through one head constable and three police constables along with the panch witnesses who produced the car and M. Os. 1 to 16 and the documents before P. W. 3, Sub-Inspector of Excise, Hyderabad South, at 8 P.M. P. W. 3, took the car and M. Os. 1 to 16 and the case papers into his custody. In their presence P. W. 3 removed the chits on M. Os. i to 16 with the signature of P. W. 1 and measured the liquor and drew a panchanama, Ex. P-2. P. W. 3, also tested the strength of the liquor in each tube with the thermometer and hydrometer and noted their readings and strenght of liquor in the panchanama. In the presence of the mediators he took about 600 ml. from each tube into separate bottles and sealed them and pasted chits signed by the panch witnesses on them and sent the sealed bottles to the Chemical Examiner for analysis. Ex. P-4 is the report of the Chemical Examiner in which it is reported that the samples contain alcohol and they are liquor.

(3.) P. Ws. 1 to 3 spoke to the facts of the prosecution case as mentioned above.