Licensed wine-shop owner sought to quash four FIRs alleging he sold excess IMFL bottles beyond licence limits for onward resale at inflated rates by accused No.1. Court found serious allegations violating Section 34(a) Excise Act and dismissed all petitions.
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.
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IN THE HIGH COURT FOR THE STATEOF TELANGANA AT HYDERABAD
FRIDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NOs: 6602. 6603. 6604& 6605 0F 2024
CRIMINAL PETITIO N NO: 6602of 2024:
Between:
Rahul Singh, S/o. Late. LakshmanSingh Aged a,boyl q3 years, Occ.Business, R/o. H.No. 13-6-8181A123, Langer House,Golconda, Hyderabad
.-.Petitioner/Accused No.2
AND
...Respondent
...RespondenUComPlai nant
Petition under Section 482 of Cr.P.Cprayingthat in the circumstances stated in the I\Iemorandum of Groundsof Criminal Petition, the HighCourt may be pleased to quash the proceedings against thepetitioner/accusedNo. 2 in Cr.No 70 of 2024 on the file SHO, Langer House P.S.,Hyderabad.
l.A. NO: 2 OF 2024
Petition under Section 482 of Cr.P.Cpraying thatin the circumstances stated in the Memorandum of Grounds of CriminalPetition,the High Court maybe pleased to stay all further proceedings against thepetitioner/accused No. 2 in Cr. No. 70 of 2024 on the file SHO, Langer HouseP.S., Hyderabad.
CRIM INALPETITION NO: 6603 of 2024 :
Between:
Rahul Sinqh, S/o.Late. LakshmanSingh Ageda.bout33 years' Occ Business' 'di;:"i.Xil:i'!-o-si aA'r):, Lrng"i Hous6, Go-lconda, Hvderabad'
...Petitioner/AccusedNo.2
AND
...ResPondent
,.RespondenUComPlainant
PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pi."s"o to quash theproceedingsagainstthe petitioner/accusedNo. 2 in cr.No.69 Lt ZoZq on thefile SHO, Langer House P S . Hyderabad'
l.A. I'lO: 20F2024
PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances statedintheMemorandumofGroundsofCriminalPetition,theHighCourtmaybe pi""reo to stay all furtherproceedings agatnst the petitioner/ accused No. 2 in cr. fuo. OS ot 2o2i onthe file SHO. Langer HouseP S', Hyderabad'
CRTIIIIINAL PE TITIONNO: 6604 of 2024:
Between:
Rahul Singh,S/o. Late.Lakshman.SinghAged about Q3y9ar9, Occ' Business' ii6. H. N"li a-o-81 I I At23.La nger Hous6,Golconda, Hyderabad'
...Petitioner/AccusedNo.2
AND
...Respondent
...Res PondenUComPlainant
Petition under sectaon482 ofCr.P.C praying that in the circumstances stated in the Memorandumof Grounds of criminal Petition,the High court may be pleased to quash the proceedings against thepetitioner/accusedNo. 2 in cr.No.53 of 2024 on the file SHO,Langer House P.S , Hyderabad.
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l.A. NO:2 oF2024
/ /
Petitionundersection4S2ofCr.P.Cprayingthatinthecircumstances stated in theMemorandumof Groundsol criminalPetition,the High court mav !e pi"r."o to stay all furtherproceedings against the petitioner/ accused No. 2 in cr. ZOZi on thefile SHO, Langer House P'S', Hyderabad' [i". SS "t
CRIMI NALPETITION NO: 6605 ot 2024:
Between:
Rahul Sinqh, S/o.Late. LakshmanSingh Aged about 33 years'Occ Business' iid H Xil:ii-6-araA/zs.r-unser Hous6,Golconda, Hvderabad'
...Petitioner/AccusedNo.2
AND
.RespondenUCom Plainant
Petition underSection 482 ot Cr'P 'Cprayingthat in the circumstances Statedinthel\ilemorandumofGroundsofCriminalPetition,theHighCourtmaybe pleased toquash tne proceedings against-the petitioner/accusedNo 2 in Cr'No 54 iiioz+ onthe file SHb, Langer House P S" Hyderabad'
l.A. NO:2 oF2024
Petition underSectron482 of Cr'P 'Cprayingthat in the circumstances stated inthe r,4emorandumof Groundsof criminalPetition,the High courtmay !e oleased to stavall further proceedings againstthe petitioneri accusedNo 2 in Cr' it.s+ "r ioz+ "n the file SHo,Langer House P'S , Hyderabad'
This Pelitionscomrngon for hearing, upon perusing the Memoranciumof Grounds ofCriminalPetationand upon hearing the argumentsof Sri T BalaMohan Reddy, Advocatefor lhe Petitionerand Sri S Ganesh' Assistant Public Prosecutor on behalfof the RespondentNo 1 and None appeared for the Respondent No 2 in all cases.
The Court madethe following:COMMONORDER
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THE TIONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.66O2, 66o3, 66o,4 & 6605 of 2024
COMMON ORDER:
Since the issue involved in all these criminal petitions is one and the same, they are being heard together and are being decided by way of this common order.
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Later, respondent No.2 recorded the confessional _ cum _ seizure panchanama of accused No.l in all the cases, wherein, they confessed that they used to purchase the liquor bottles of various brands from Bhavani Wines shop owner at wholesale rates in bulk and sell the same at high rates. Thereafter, in the presence of mediators, the police conducted confessional panchanama and also seized the illicit liquor bottles. Basing on the said complaint, the police registered the cases.
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state anJrthing about the act of the petitioner, which constitute an offence under Section 34(a) of the Act. Even if the statement made in the FIR and the alleged confession of accused No.l are considered, the same also do not attract the said offence. The subsequent act of the purchaser from the licensed vendor cannot implicate the license holder for sale in his hands. Therefore, he prayed the Court ro quash the proceedings against the petitioner.
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the petitioner is a licensedholder to sell the liquor, as such, Section 34(a) of the Actdoesnot attract.
"34. Penaltiesfor illegalimport' export etc. :-Whoever,in contraventionof this Act or of an1' rule,notification or order made, issued orpassed thereunder or of any licence orpermit granted orissued under this Act,-
(a) imports, exPorts, transports, manufactures, collects orpossessesor sellsanY intoxicant; or"
g. The above sectionsays that whoeverimports,exports,
transports, manufactures,collects or possessesor sellsany intoxicants without anylicense ispunishableforthe punishment under Section34(a) of the Act' In the present case, admittedly,the petitioner is a liccnsed'holder and he is selling the liquorto the unlicensedholder-
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who are needy at higher rates. Further, one of the condition imposed by tJ.e License for the sa-le of Indian Made Foreign Liquor and Foreigrr Liquor by shop, reads as under:
"The privilege extends to the sale of atl kinds of Indian Made Foreign Liquor and Foreign Liquor which can be sold for remova-l from the licensed premises in sealed receptacles in quantities rrot exceeding 6 Quarts in respect of Indian Made Foreigrr Liquor and Foreign Liquor other tian Beer and 12 bottles in respect of Beer in one trar:rsaction to an unlicensed person."
I 1. Further, a perusal of the license sholvs that the license holder can sale tJ'e liquor not exceeding 6 Quarts in respect of Indian Made Foreign Liquor and Foreign Liquor other than Beer and 12 bottles in respect of Beer in one transaction to an unlicensed person. In the present case, the petitioners have sold excess liquor, i.e., Kingfisher I I bottles, Down Town 6 bottles, Ofhcer Choicc 6 ( I 8oml) bottles and 8 (90 mU bottles total 31 bottles respcctively in each case, to the unlicensed person and violated thc provisions of law. Thereiore, there are serious allegations against the petitioners, which require trial, Hcnce, rhis Court does not find any merit in the Criminal Pctitions ro
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quash the proceedings against the petitioner and the same
are liable to be dismissed.
Miscellaneous applications, if any pending, shall also
stand closed.
Sd/. P. CH. NAGABHUSHAMBA ASSISTANT REGISTRAR
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COMMON ORDER
CRLP.Nos.6602,6603,6604 & 6605 of 2024
DISMISSING ALL THE CRLPs
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1 issue framed by the court
Whether the proceedings against a licensed liquor vendor accused of selling excess quantities to an unlicensed person under Section 34(a) of the Excise Act can be quashed.
2 provisions across 2 enactments
Rahul Singh
The State of Telangana
Y. Raiu (Y. Raru)
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
