PUBLIC PROSECUTOR A P Vs. LINGAM RAMCHANDERIAH

JUDGEMENT

(1.) 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 531 1/2 litres of liquor in 16 motor car tubes (M. Os. 1 to 16) in the car bearing No. APX 325 without a licence on 13-9-1970 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. 2) on information that illicit liquor was being transported from Nakramguda to Hyderabad city by car, along with three police constables and two panch witnesses, including P.W. 1, waited at Toll Chowki cross-roads. At about 1.30 a.m. one motorcar 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 tubes containing liquor. When they questioned the respondent whether he has any licence or any permit for transporting liquor he replied in the negative. 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. After registering the case he released the respondent on bail. On 14-9-1970, 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 chies on M.Os. 1 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 cube with thermometer and hydrometer and noted their readings and strength 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. P Ws 1 to 3 spoke to the facts of the prosecution case as mentioned above.

(3.) The plea taken by the respondent in his statement under section 342 Cr P C is that he has nothing to do with M Os. 1 to 16 motor tubes containing liquor or the car in which they were said to have been found. He does not know how to drive. He was not driving the car, APX 325 as alleged. When he was going by walk he found the car parked there. Then two police constables came and forcibly took him away In the car. By way of defence one witness was examined as D.W.1. His evidence is that on one night he was standing near the beer shop at Toli Chowki as it was raining. The respondent came there from Ramachandrapuram side and stood near him. Then two or four police constables came and enquired them about their professions. Then the police constables took away the respondents. The learned Magistrate rightly disbelieved the defence story. It is not the defence case that any of these prosecution witnesses who spoke against the respondent were Inimically disposed towards him and in order to harm him he was falsely implicated in the case. So far as the evidence of D W 1 is concerned, it was not put to any of the prosecution witnesses that D W 1 was present there.