VARI MANIKANTA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This criminal petition is filed under Sec. 482 of the Code of Criminal Procedure (for short "Cr.P.C.") seeking to quash the proceedings initiated against the petitioner/A.2 in Crime No.190 of 2021 registered on the file of Special Enforcement Bureau Station, Chirala, Prakasam District, for the offences punishable under Sec. 34 (a) of the A.P. Excise Act (Amendment) Act2020.

(2.) The petitioner herein is A.2. The Inspector, SEB, Ongole registered a case in Crime No.190 of 2021 for the offence punishable under Sec. 34 (a) of the A.P. Excise Act, (Amendment) Act- 2020, against the petitioner and others basing on the mediator's report. As per the mediator's report, on 29/7/2021, the Inspector along with his staff, SEB Station, Chirala on receipt of credible information about illegal possession and sale of Non-duty paid liquor bottles, after securing the mediators, reached the house of the accused No.1 at about 7.00 p.m., at Rajubangarupalem Village, Chinnagangam Mandal and searched the house of accused No.1, as they found two bags, first bag containing 37 bottles of Old Admiral Brandy each 180 ml and second bag containing 23 bottles of Good day Pristage Whisky each 180 ml non duty paid liquor bottles for sale Telangana State only and without Heeals and on further interrogation about the liquor bottles in the second plastic warehouse accused No.1 confessed that accused No.3 gave liquor bottles at the instance of accused No.2. Basing on the said confession statement of accused No.1 they were impleaded as accused Nos.2 and 3. The Inspector took each brand one bottle as sample for chemical analysis and then sealed and seized the remaining case property and sample bottles and arrested the accused No.1. Basing on the said mediator's report, the present crime has been registered against the petitioner/A.2 herein.

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