Allowed

Juluri Rambabu v. The State of Andhra Pradesh

Andhra Pradesh HC24 Aug 2021CRLP/3575/2021

Case brief

AI extract

What is this about?

This order quashed charge sheets filed against a jaggery trader under the A.P. Prohibition Act. The Court held that merely selling jaggery, even if used for illicit liquor, does not attract prosecution under the Act. Trial initiation was deemed an abuse of court process.

What did the court decide?

Charge sheets filed against the petitioner in C.C.Nos.160, 161, 163, 164, 165 and 167 of 2021 are quashed.

Juluri Rambabu Vs The State of Andhra Pradesh — Andhra Pradesh HC (2021) — LawSathi Research

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION Nos.3575, 3576, 3577, 3578, 3579 and 3580 of 2021

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COMMON ORDER:-

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These Criminal Petitions under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) are filed seeking quash of charge sheets filed against the petitioner in C.C.Nos.160, 161, 163, 164, 165 and 167 of 2021 on the file of the learned Special Judicial Magistrate of First Class, Tiruvuru.

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As all the aforesaid petitions are filed by the petitioner seeking quash of the charge sheets filed against him for the similar offences punishable under Section 7(A) r/w 8(e) of the A.P. Prohibition Act (for short „Act‟) based on similar allegations, these Criminal Petitions are disposed of by this common order.

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Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the State.

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The only allegation against the petitioner in all the above cases in which charge sheets are filed against him is that he sold jaggery to the other accused, which is likely to be used for the purpose of manufacturing of illicit liquor/arrack.

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Learned counsel for the petitioner would submit that the petitioner is a trader by profession doing business in selling jaggery and other products and he has sold the jaggery in the process of his business and even if the said jaggery is used by the other accused for the purpose of manufacturing any arrack that

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the petitioner is not liable for prosecution under Section 7(A) r/w 8(e) of the Act and thereby prayed for quash of the charge sheets that are filed against the petitioner. He would also submit that these are covered matters in view of the earlier orders passed by this Court in Criminal Petition No.406 of 2021 and batch and thereby prayed to quash the charge sheets that are filed against the petitioner in the above cases.

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Learned Additional Public Prosecutor would submit that even though the petitioner is a trader by profession, the statement of L.W.1 shows that A-1 has stated before him that the petitioner, who is A-2, has sold the said jaggery to A-1 for the purpose of manufacturing arrack and as such when the petitioner has sold jaggery with knowledge that A-1 is going to use the same for the purpose of manufacturing arrack that the petitioner is also liable for punishment under Section 7(A) r/w 8(e) of the Act. Therefore, he would pray for dismissal of the petitions.

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It is not disputed before this Court that the petitioner is a trader doing business in selling jaggery. In fact, the petitioner has also produced the registration certificate issued by the concerned authority showing that he is doing business in the name and style „Mahalakshmi Jaggery and General Merchants‟. Therefore, it is now evident that the petitioner is a trader doing business in production and selling jaggery. Therefore, when he has sold jaggery to other accused in the process of the said business, it cannot be held that he is liable for prosecution under Section 7(A) r/w 8(e) of the Act. It is not the case of the prosecution that the petitioner is

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involved in manufacturing of any such arrack or illicit liquor. For better appreciation of Section 7(A) of the Act, it is extracted hereunder and it reads thus –

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7A. Prohibition of production etc., of arrack .

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The production, manufacture, storage, possession, collection, purchase, sale and transport of arrack is hereby prohibited.

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Section 8(e) of the Act says that any person, who contravenes Section 7-A, shall on conviction be punished with imprisonment for a term not less than one year which is extendable upto eight years and with fine, which shall not be less than rupees two lakhs for the first offence and which shall not be less than rupees five lakhs for the second offence. Thus, Section 8(e) is a punishment provision. A reading of Section 7(A) of the Act, which is reproduced above, makes it very clear that it is only production, manufacture, storage, possession, collection, purchase, sale and transport of arrack alone is prohibited and the same is punishable under Section 8(e) of the Act. In the instant case, it is not at all the case of the prosecution that the petitioner, who is A-2, has indulged in any such production, manufacture, storage, possession, collection, purchase, sale and transport of arrack, which is prohibited under Section 7(A) of the Act. Selling of jaggery even for the purpose of manufacturing arrack is not made an offence under Section 7(A) of the Act and it is not punishable under Section 8(e) of the Act. Therefore, the petitioner cannot be made liable for prosecution for the offence under Section 7(A) r/w 8(e) of the Act. In the said facts and circumstances of the case, launching of criminal prosecution against the petitioner in all the

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above cases for the offence under Section 7(A) r/w 8(e) of the Act certainly amounts to abuse of process of Court. So, the criminal proceedings initiated against the petitioner in all the aforesaid cases are liable to be quashed.

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In the result, these Criminal Petitions are allowed and the aforesaid charge sheets registered against the petitioner are hereby quashed.

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Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed.

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_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date: 24.08.2021 AKN

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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