Vadhtya Laxman vs State Of Telangana

The offences alleged against the petitioner/Accused No.2 in both the above said crimes are under Sections 34 (a) and 34(e) of the Andhra Pradesh

Excise Act, 1968, under Sections 7(a) and 8(e) of the Andhra Pradesh Prohibition Act, 1995, 3 and 4 of Gur Regulation of Used Order 1968.

Heard Sri D. Raghavulu, learned counsel for the petitioner, learned Assistant Public Prosecutor and perused the record.

The allegation against the petitioner herein in C.O.R.No.6 of 2021 is that he along with accused No.1 are preparing illicit liquor with black jaggary

mixed with alum, each of 30 kgs., totaling to 300 kgs., 4.3 liters of illicitly distilled arrack and 100 liters of distilled fermented jaggery was recovered

from Accused No.1. It is also specifically mentioned that accused No.1 confessed that he along with accused No.2 are manufacturing illicitly distilled

liquor and being sold to others. Accused No.2 is also having equal share in the said business. Accused No.1 is the owner of the Car.

In C.O.R.No.7 of 2021, a similar allegation was made and ten bags of black jaggary powder mixed with alum, each of 30 kag., totaling to 300 kgs.,

and 6.45 liters of distilled fermented jaggery was recovered from accused No.1. In C.O.R.No.7 of 2021 also, accused No.1 is the owner of the

vehicle.

Learned Assistant Public Prosecutor on instructions would submit that the police have already arrested accused No.1 and he was enlarged on bail.

He would further submit that the investigating officer has already recorded the statements of two witnesses under Section 161 Cr.P.C. The

punishment for the offences alleged against the petitioner herein is seven years or below seven years. Therefore, the investigating officer has to

necessarily follow the procedure laid down under Section 41-A Cr.P.C.

Considering the said aspects and also the fact that the punishment for the offences alleged against the petitioner in both the C.O.R.Nos.6 and 7 of

2021 is seven years or below seven years, the Criminal Petitions are disposed of directing the investigating officers in both the above C.O.R.Nos.6

and 7 of 2021, on the file of P.S. Saroornagar, Ranga Reddy District, to strictly follow the procedure laid down under Section 41-A Cr.P.C., and also

the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar v. State of Bihar (2014) 8 SCC 273. The petitioner herein shall cooperate with the

Investigating Officer by furnishing information and documents as sought by him in concluding the investigation.

Miscellaneous petitions pending, if any, shall stand disposed of.