Telangana High Court
CRLP/9572/2012 of Penugonda Rama Rao Vs The State of A.P., through S.H.O on 31 December 2012
K.C. BHANU Criminal Petition No.9572 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, Khammam I Town Police Station, Khammam District to forthwith handover the lock put to the
HON’BLE SRI JUSTICE K.C. BHANU
Criminal Petition No.9572 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, Khammam I TownPolice Station, Khammam District to forthwith handover the lock put to thepetitioner’s shop i.e. M/s Sri Vijayalakshmi jaggary alum and GeneralMerchant along with the stocks lying in the said shop, which was seized inCOR No.218 of 2012-13 registered for the offence under Section 34(e) of theA.P. Excise Act, 1968.
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. M.s Sri Vijayalakshmi jaggary alum andGeneral Merchant along with the stocks lying in the said shop, which wasseized in COR No.218 of 2012-13 of Khammam I Town Police Station,Khammam District, towards interim custody to the petitioner on his executinga bond for Rs.10,000/- (Rupees ten thousand only) with two sureties of thelike sum each to the satisfaction of the Prohibition and Excise and MobileMagistrate at Khammam.
5. The Criminal Petition is, accordingly, allowed.
31.12.2012Vjl
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JUSTICE K.C. BHANU