Petitioners, a licensee's son and shop manager, sought quashing of excise proceedings for selling bulk IMFL to an unlicensed person running a belt shop. The court held the licence permitted sale of only limited quantities per transaction; excess sales raised serious allegations requiring trial.
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[3385]
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
FRIDAY, THE SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION NO: 9265 OF 2024
Between:
...Petitioners/Accused No.2 & 3
AND
...Respondent
... Res po n denUC om p la inant
Petition under Section 528 of BNSS, of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioners/accu sed No. 2 and 3 in C.C. No.5'124 of 2024 on the file of Hon'ble XVI Additional Chief l\4etropolitan [t/agistrate at Hyderabad.
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l.A. NO: 2 OF 2024 lN CRL.P.NO.9265 OF 2024:
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the petitioner/accused No.2 and 3 in C.C.No.5124 of 2024 was submitted to the Hon'ble XVI ADDL. Chief Metropolitan lt/lagistrate, Hyderabad.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri T BALA MOHAN REDDY, Advocate for the Petitioners and Sri E.GANESH, the Assistant Public Prosecutor on behalf of the Respondent No.'l and None Appeared for the Respondent No.2.
The Court made the following: ORDER
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.9265 of 2024
ORDER:
This Criminal Petition is hled under Section 528 of Bharatiya Nagarik Suraksha Sanhita (for short 'BNSSJ to quash the proceedings against the petitioners/ accused Nos.2 and 3 in C.C.No.5124 of 2024 on the file of the learned XVI Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Section 3a (A) of the Teiangana State Excise Act, 1968 (for short 'the ActJ.
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srs,J CrLP.No.9265 oJ 2024
rates in bulk and sell the same at high rates. Thereafter, in the presence of mediators, the Police conducted confessionai panchanama and also seized the illicit liquor bottles. Basing on the said complaint, the Police registered the case in Crime No. 149 of 2024 for the offences punishable under Section 34 (a) of the Act. After completion of investigation, the Police filed charge sheet, vide C.C.No.5724 of 2024 before the learned XVI Additional Chief Metropolitan Magistrate, Hyderabad.
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sI.s,J CrI.P.No.9265 of 2024
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the Act. Even if the statement made in the charge shect and the alleged confession 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 lor sale in his hands. Therefore, he prayed the Court to quash the proceedings against the petitioners.
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srs,J CrLP.No.9265 oJ 2024
"34. Penalties for i[egal import, export
etc. : Whoever, in contravention of this Act or of ar1. rule, notification or order made, issued or passed there under or of any licence or permit Brantedor issued under thisAct,-
(a) imports, exports, transports, manufactures, collects or possesses or sells any intoxicant; or"
'The privilege extends to the sate of all kinds of Indian Made Foreign Liquor and Foreign Liquor rvhir--h can be sold for removal from the licensed premises in sealed receptacles in quantities not exceeding 6 Quarts in respect of lndian Made Foreign Liquor and Foreign Liquor other
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SKS,J C|LP.No.9265 oJ 2024
than Beer and l2 bottles in respect of Beer in one transaction to an unlicenscd person.n
1 1. Accordingly, the Criminal Petilion is dismissed.
Miscellaneous applications, if any pending, shail also
stand clo SdI- N.SRIHARI ANTREGISTRAR ASSIST
/ITRUECOPY//
SECTIONOFFICER
To,
HIGH COURT DATED: 0610912024
ORDER
CRLP.No.9265 ot 2024
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ACCORDINGLY, CRIMINAL PETITION IS DISMISSED
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1 issue framed by the court
Whether proceedings under Section 34(a) of the Telangana Excise Act against licensed liquor sellers accused of selling excess quantities to unlicensed persons can be quashed.
3 provisions across 3 enactments
Akash Singh
Vishal
State of Telangana
Ch. Narsing Rao
K. Sujana
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
