K NARAYANA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This petition under Section 482 of the Code of Criminal Procedure is filed to quash the proceedings in C.C. No. 94 of 1995 on the file of the Court of XII Metropolitan Magistrate, Hyderabad.

(2.) The brief facts of the case are that the Sub-Inspector of Police, Task Force, South Zone, Hyderabad filed charge sheet against the petitioners alleging that on receipt of information that the petitioners are selling toddy without licence to the customers near Moosram bridge, he conducted raid and found the petitioners selling toddy without any excise licence. He took them into custody and seized one wooden case containing 24 toddy bottles, who wooden cases containing empty bottles and cash of Rs. 205.00 form the first petitioner and one wooden case containing 15 bottles of toddy, three wooden cases containing empty bottles and cash of Rs. 405.00 from the second petitioner. He brought the petitioners along with seized articles before the Sub-Inspector of Police, Malakpet P.S. who registered a case in Cr. No. 4/95 under Section 34(A) of the A.P. Excise Act and sent sample bottles containing toddy to Chemical Examiner for analysis and after investigation filed charge sheet.

(3.) The petitioners herein filed a petition before the lower Court to discharge them on the ground that the Excise Officer alone is entitled to file charge sheet in respect of the offence committed under the A.P. Excise Act as per the provisions of the A.P, Excise Act and the police officer has no power to file charge sheet. The lower Court dismissed the said petition.