Telangana High Court
CRLP/9571/2012 of Moodu Ramdasu, Vs The State of Andhra Pradesh, on 31 December 2012
K.C. BHANU Criminal Petition No.9571 of 2 012 ORDER:- The petitioner filed this Criminal Petition under Section 482 read with 451 Cr.P.C. praying to direct the Station House Officer, Sathupally Prohibition and Excise Station, Khammam District to forthwith handover the lock put to the
HON’BLE SRI JUSTICE K.C. BHANU
Criminal Petition No.9571 of 2012
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ORDER:-
The petitioner filed this Criminal Petition under Section 482 read with451 Cr.P.C. praying to direct the Station House Officer, Sathupally Prohibitionand Excise Station, Khammam District to forthwith handover the lock put tothe petitioner’s shop i.e. Durga Prasad Kirana and General stores at D.No.2-20/1, Main Road, Chodavaram, Khammam District along with the stocks i.e.200 gunny bags each containing 50 Kgs., and 210 Kgs of Alum, which wasseized in COR No.481 of 2012-13.
2. Heard.
3. Mere possession of Alum by itself is not an offence punishable underany one of the provisions of the Andhra Pradesh Excise Act. It must beshown that the petitioner was knowingly selling the Alum to persons involvedin distilling illicit liquor. There is no such material collected against thepetitioner. Petitioner is having a valid license for doing the business of Alum.
4. Considering these aspects, the respondent is directed to handover thelock put to the petitioner’s shop i.e. Durga Prasad Kirana and General storesat D.No.2-20/1, Main Road, Chodavaram, Khammam District and interimcustody of 200 gunny bags each containing 50 Kgs., and 210 Kgs of Alum,which was seized in COR No.481 of 2012-13 of Sathupally Prohibition andExcise Station, Khammam District, shall be given to the petitioner on hisexecuting a bond for Rs.10,000/- (Rupees ten thousand only) with twosureties of the like sum each to the satisfaction of the Judicial Magistrate ofFirst Class, Sathupally.
5. The Criminal Petition is, accordingly, allowed.
31.12.2012Vjl
___________________JUSTICE K.C. BHANU