KONDAKKAGIRI KESAVA REDDY Vs. STATE OF A P

JUDGEMENT

(1.) THIS petition is filed to quash the proceedings in C.C.No. 86 of 1995 on the file of the Judicial Magistrate of I Class, Vayalpad.

(2.) THE brief facts of the case are: On 31-3-1989 at 1.00 p.m. the Asst. Commissioner of Excise Enforcement, Cuddapah along with his staff and mediators searched the house of the petitioner and found 70 sachets of arrack each sachet containing90ml. arrack. THE sachets were confirmed that they were manufactured at Arrack Bottling Unit, Chittoor. In interrogation the petitioner stated that he brought the sachets from the Licensee of Chintaparti village arrack shop to distribute them among the Nowkars due to Jatra. THE charge sheet was filed in the year 1994(19-12-94) i.e., nearly after 5 years 8 months from the date of alleged offence (31-3-89). THE sentence for the offence U/s. 34(a) of the A.P. Excise Act is only six months. For such offence the time prescribed for filing the charge-sheet is one year from the date of alleged offence. Since the charge-sheet is filed after 5 years 8 months in this case, the charge-sheet is barred by limitation and the proceedings are liable to be quashed. Accordingly the petition is allowed and the proceedings in C.C.No. 86/96 on the file of the Judl. Magistrate of I Class, Vayalpadu are hereby quashed.