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Judgment
Venkata Jyothirmai Pratapa, J
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 For short ‘Cr.P.C’ has been filed, by the Petitioners/Accused Nos.1 to 4, seeking quashment of the proceedings against in Crime No.117 of 2024 of I.Polavaram Police Station, Dr.B.R.Ambedkar Konaseema District, registered under 34(a) read with Sect.34(1)(i) of A.P.Excise Act.
At the time of hearing, Ms.M.Manikya Veena, learned counsel for the Petitioners would submit that, this is a covered matter, wherein a Coordinate Bench of this High Court in G.Madhusudhan Reddy Vs. State of A.P., and Others 2020 (5) ALD 416 (AP), held as follows:
“A plain simple grammatical interpretation of G.O.Ms.No.411 read with Section 34 of the Act makes it clear that if a person possesses more than three bottles of IMFL or the other intoxicant as stipulated, then only he would be said to have committed an offence under Section 34 (1) of the Act. A penal provision, like Section 34 (1)(a) of the Act has to be interpreted strictly. This is the settled law and needs no elaboration.
Both on the basis of a strict and also the plain grammatical interpretation, leads this Court to inescapable conclusion which is detailed below.
CONCLUSION:
This Court is, therefore, of the clear view that the possession or the transportation of liquor and other intoxicants etc., upto the limits as per the G.O.Ms.No.441, which are as follows:
“1) Indian Made Foreign Liquor (IMFL) : 3 bottles of any size
2) Foreign Liquor (FL) : 3 bottles of any size.
3) Denatured / emthylated spirit : 3 bulk litres
4) Beer : 6 bottles of 650 ml each
5) Toddy : 2 bulk litres
6) Rectified spirit / intoxcating drugs : Nil.” is not an offence whether the liquor is purchased in the State of Andhra Pradesh or if the liquor etc., is purchased outside the State of Andhra Pradesh and is brought into the State of Andhra Pradesh.
For the above reasons W.P.No.14386 of 2020 is allowed. The action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. All further proceedings under Crime No.95 of 2020 of Rampachodavaram Police Station, are quashed, in line with the landmark judgment of the Hon’ble Supreme Court of India in Bajanlal case (3supra), since the uncontroverted allegations in the FIR etc., do not disclose the commission of any offence. Consequently, a direction is issued to the respondents to immediately release the vehicle bearing No. AP 31 ZG T/R 2970.”
Sri C.Panini Somayaji, learned Additional Public Prosecutor fairly conceded that it is a covered order.
In that view, the criminal petition is allowed quashing the proceedings against the Petitioners/Accused Nos.1 to 4 in Crime No.117 of 2024 of I.Polavaram Police Station, Dr.B.R.Ambedkar Konaseema District, registered under 34(a) read with Sect.34(1)(i) of A.P.Excise Act.
Pending applications, if any, shall stand closed.