EDIGA THIPPESWAMY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri Kothapalli Ram Mohan Chowdary, learned counsel for the petitioners and Sri H. Prabalad Reddy, learned Additional Public Prosecutor, who entered appearance for the sole respondent.

(2.) Crime No. 31 of 2007of Rayadurg Police Station was registered against the petitioners herein alleging possession of toddy without the requisite license, the earlier license having expired on 31-3-2007. When the samples were sent for chemical analysis they were found not to contain any objectionable or unhealthy substances; and the petitioners are prosecuted in C.C.No. 92 of 2007 on the file of the Judicial Magistrate of First Class, Rayadurg for illegal possession and transport and sale of the toddy in contravention of the license. Subsequently, the Deputy Commissioner of Prohibition and Excise, Anantapur by his proceedings dated 31-10-2007 noted that the Prohibition and Excise Superintendent, Anantapur in his report informed about the renewal of the license for the shops in question on 22-5-2007 extending up to 30-9-2007 and that in fact the representation for permission to hire jeep and transport the toddy was made to the authorities concerned, who had forgotten to pass any orders thereon. The Deputy Commissioner of Prohibition and Excise found the samples of toddy to have been scientifically examined and opined to contain no objectionable substance. He also noted that there was no specific provision to obtain permission for hiring a vehicle and transporting the toddy. Therefore, the authority passed an order dropping any action for confiscation of the jeep as the non production of the renewal license when demanded by the police was not due to the fault of the petitioners.

(3.) The petitioners applied for discharge before the trial Court in Crl.M.P.No. 658 of 2009 and the learned Magistrate dismissed the same on 2-7-2009 poining that any discharge under Section 239 of the Code of Criminal Procedure does not arise, as on the facts and circumstances, there exdisted a prima facie case against the petitioners.