TRIVEDI MANIKCHAND Vs. STATE OF A P

JUDGEMENT

(1.) As common question of law and fact arises for consideration in these petitions, they are being disposed of by a common order.

(2.) The facts of the case are that: Charge- sheets were filed against the petitioners along with other accused alleging that the accused were found transporting Jaggery and Alum in an Auto when they were intercepted and they confessed to have transporting the same for preparation of I.D. Liquor in their house. The accused further stated to have purchased the Jaggery and Alum from the present petitioners. Therefore, the police have arrested them, conducted investigation and filed the charge sheets, for the offences under the Excise Act.

(3.) The present petitions are filed by the petitioners alleging that they are only merchants and are dealing with other grocery items along with jaggery. There is no bar under law for sale of jaggery. Further, there is no allegation in the charge-sheet that the present petitioners have connived or conspired with the other accused in the preparation of ID liquor. Therefore, for mere sale of jaggery, they cannot be made as accused and tried for the alleged offences. The petitioners submit that no offence is made out against them and as such the proceedings initiated against them are liable to be quashed.