GAMPA ROHHIT Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in Crime No.241 of 2020 pending on the file of Rajanna Sircilla Police Station. The petitioner herein is accused No.6 in the said case. The offences alleged against him are under Sections - 188, 269 and 270 of IPC and Section - 3 of the Epidemic Disease Act, 1897 (for short 'Act, 1897') and Section - 34 (a) of the A.P. Excise Act.

(2.) Heard Mr. K. Ramakrishna, learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of the respondent - State.

(3.) The learned counsel for the petitioner would submit that the allegations levelled against the petitioner lacks the ingredients of the aforesaid offences. He would further submit that the petitioner is the owner of M/s. Shiva Bar and Restaurant having a valid license and permit to sell liquor and he did not indulge in illegal sale of liquor. He would further contend that since lock down was imposed by the Government due to COVID-19 pandemic, the petitioner was not doing any business and just he kept the stock in the lodge situated in the first floor of the said Bar. Learned counsel would also contend that the petitioner having purchased the liquor under a valid invoice did not indulge in any illegal sale or transport of liquor. He would further submit that even by order dated 30.04.2021 in Crl.P. No.6104 of 2020 ordered for release of the crime vehicle belonging to the petitioner herein and, therefore, he sought to quash the proceedings against the petitioner. In support of the same, he has placed reliance on the judgment in Chidurala Shyamsubder v. State of Telangana (Crl.P. No.3731 of 2018 & batch, decided on 27.08.2018 ) rendered by a learned Single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh.