Learned counsel argued the petitioner lacked knowledge of transporting adulterated toddy and the case should be investigated rather than quashed. The Court held this contentions required investigation and dismissed the petition without deciding legal propositions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
CRIMINAL PETITION No.7436 of 2017
ORDER :
Heard learned counsel for the petitioner/ A6 of Crime No.204 of 2017 on the file of the Prohibition & Excise Police Station, Adoni, Kurnool District, registered for the offence punishable under Section 37(a) of the A.P.Excise Act, 1968 (for short ‘the Act’) and learned Public Prosecutor representing the State. Perused the grounds urged in the quash petition and the contents of occurrence report-cum-panchayatnama registered with disclosure.
The main averment is that the petitioner is the owner of the vehicle in which adulterated toddy was transported. The learned counsel for the petitioner/ A6 contends that the petitioner has no knowledge of transporting adulterated toddy in his vehicle and otherwise he leased out the vehicle to T.C.S. and that mere transport of toddy is not an offence.
The said contentions have to be investigated into by the investigating officer and it is premature for this Court to express any opinion and any material can be produced before the investigating officer to place on record as part of investigation. All other defences are left open.
Accordingly, the Criminal Petition is disposed of.
Consequently, miscellaneous petitions, if any, pending shall stand closed.
_________________________ Dr. B. SIVA SANKARA RAO, J
Date:05-09-2017 pab
2
HONOURABLE Dr. JUSTICE B.SIVA SANKARA RAO
CRIMINAL PETITION No.7436 of 2017
DATE: 05.09.2017
pab
1 provisions across 1 enactments
B. SIVA SANKARA RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
