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IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS:: NAGARI.
PRESENT: Smt. C.JANAKI,
Principal Civil Judge (Junior Division), Puttur,
FAC. Civil Judge (Junior Division) – cum -
Judicial Magistrate of First Class,
Nagari.
Friday, this the tenth (10th) day of April,2026.
CALENDAR CASE No.316 of 2023
(Crime No.193 of 2020 of SEB, Nagari) Between:
State represented by the Inspector of Police, SEB, Nagari. … Complainant.
And:
K.Siva, aged about 20 years, S/o K.C.Munaswamy, R/o Mulanatham Village, Nagari Mandal. … Accused.
This case came before me on this day i.e., 13.03.2026 for final hearing in the presence of the learned Assistant Public Prosecutor for the State/complainant and Sri M.Nagarajan, Learned counsel for the accused; upon perusing the material on record and this Court having stood over for consideration till this day, delivered the following:
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J U D G M E N T
1.The Sub Inspector of Police, SEB, Nagari filed charge sheet against the accused in Crime Number 193 of 2020 for the offence punishable under
Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020.
2.The facts of the prosecution case as mentioned in the charge sheet in nutshell are as follows:
That on 14.07.2020 the Special Enforcement Inspector, Nagari conducting raids along with staff, the raid party reached at water tank, which is situated on Tadukupeta Village to Sundarammakandriga Village Road of Nagari
Mandal and at about 09.00 am found one male person coming in one vehicle by keeping one white color bag on the petrol tank of the vehicle between handle and seat and on seeing the Enforcement Officials in uniform at a distance of 20 Yards, the raider stopped the vehicle and turned back to escape, on suspicion the LW.3 with the help of staff surrounded and cached and hold the raider of the vehicle bay surrounding him and when questioned about the accused, trying to escape from the scene of offence, the accused stated with a fear of arrest, the accused to escape as the bag in his possession contains liquor bottles. Then LW.3 tried for mediators in surroundings but went in vain. Further LW.3 deputed one of the Head Constable Sri
A.Govindaswamy near village Sundaramakandriga for securing mediators, he came after 30 minutes and reported that the villager officials voluntary, village secretary
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C.C.No.316 of 2023 3 Dated:10-04-2026 were not available in the village, further tried for some village elders to act as mediators but they were refused. Then LW.3 in the presence of remaining staff and examined the contents of the white color bag and found totally 08 bo0ttles i.e., 03
Pints of King Fisher Magnum Strong beer Brandy Bottles (each 180 ml) on the bottles affixed labels in the labels mentioned sale in Tamil Nadu only and MRP
Rs.140/- only, which were non duty paid liquor in nature meant for sale in Tamil Nadu
State only. On enquiry the accused revealed his identity particulars and
LW.3/Inspector of Police verified the vehicle and found it is Silver and Black color
Hero Honda Splendor Plus Motorcycle bearing No.TN 20 AB 5870. Further verification of the chases and Engine numbers were not visible clearly. Further enquiry the accused person stated that the vehicle belongs to him, the accused failed to produced vehicle records, on enquiry about the liquor bottles, the accused stated that purchased above said liquor bottle at Tamil Nadu Boarder Wine Shops for purpose of drinking. Then the Enforcement LW.3/Inspector of Police has taken one bottles (650 ml) and one bottle (180 ml) separately (totally two samples) as samples from contraband, duly sealed and labeled for chemical analysis and the remaining bottles were kept in the same bag as they were duly sealed and labeled. After disclosing the grounds, the SEB LW.3/Inspector of Police arrested the accused.
Then the LW.3//SI seized the property along with the vehicle under the cover of
Special Report. After returning to the SEB Station, Nagari at about 11.00 am the
LW.3/SI, SEB, Nagari registered the case as in Cr.No.193/2020, U/Sec.34(1) r/w 34
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(a) 11 (2) 42 of A.P Excise Act 2020 of Special Enforcement Bureau Station, Nagari.
Further, the arrest information was given to his relatives, kept the accused in Station lock-up. Necessary entries were made in P.S.R. Further the accused is produced
before The Hon-ble J.F.C.M. court Nagari on 14.07.2020 for Judicial Custody with
proper escort. During the course of investigation, the LW.3/Inspector of Police sent the preserved sample to the chemical examiner for chemical analysis and after receiving chemical analysis report and after completion of investigation and
LW.3/Inspector of Police, SEB Station Nagari, laid charge sheet against the accused.
3.This Court took cognizance of offence under Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020 against the accused.
4.On appearance of the accused before the Court, relevant copies of documents were furnished to him as required under Section 207 Cr.P.C.
5.Accused was examined under Section 239 Cr.P.C, he was explained in
Telugu, the charges framed for the accusation of the offence punishable under
Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020 to which he pleaded not guilty and claimed to be tried.
6.During the course of trial, on behalf of the prosecution, P.W.1 to PW.3 were examined, Exs.P.1 to P.5 and MO.1 were marked. Ex.P.1 is the Special
Report. Ex.P.2 is the First Information Report. Ex.P.3 is letter of advise. Ex.P.4 the
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C.C.No.316 of 2023 5 Dated:10-04-2026 chemical analysis report. Ex.P.5 is Destruction Proceedings. M.O.1 and MO.2 are the sealed sample bottles.
7. After closure of evidence on prosecution side, accused was examined under Sec.313 Cr.P.C by explaining the incriminating material in the evidence of prosecution witnesses, for which he denied the same and reported no defence evidence.
8. Heard the arguments of learned Assistant Public Prosecutor and the learned defence counsel.
9.Now the point that has arisen for consideration is:
“Whether the prosecution is able to prove the guilt of the accused for
the offence underSec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act –
2020, beyond reasonable doubt?”
POINT:
10.To prove the case, the prosecution examined P.W.1 to P.W.3. P.W.1 is the Head Constable, who participated raid, PW.2 is the Excise Constable and PW.3 the CI of Police, who seized the contraband, registered the crime and LW.4/SI of police filed charge sheet.
11.The learned Assistant Public Prosecutor argued that though independent witnesses are not examined by the prosecution, both the prosecution
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C.C.No.316 of 2023 6 Dated:10-04-2026 witnesses corroborated with each other and proved the seizure of contraband from the possession of accused. She argued that the accused is proved to be in possession of liquor bottles without any permit or license and so the prosecution proved this case and prays to convict the accused.
12.Per contra, the learned defence counsel argued that there are no mahazar witnesses examined by the prosecution to corroborate the prosecution witnesses, the investigating officer did not secure mediators at the scene of offence and did not prepare rough sketch. He argued that the accused is falsely implicated in this case for statistical purpose by conducting table investigation and so he prays to acquit the accused.
13. PW.1 is Police Constable, who participated in the raid, deposed that on 14.07.2020 at about 09.00 a.m., LW3/CI of Police received credible information about the possession of ID arrack and immediately, PW.1 along with LW1, LW3 & LW4 proceeded to the scene of offence place situated at water tank in Thadukupeta
Village Hamlet of Sundaramma Kandriga of Nagari Mandal and found the accused was coming on his motorcycle bearing No.TN20 AB 5870 having possession of one bag on the petrol tank in between handle and seat and on seeing the raid party, the accused tried to escape from the scene of offence place by taking U-Turn and on suspicion LW3 and staff detained the accused and on enquiry, the accused revealed his name and address particulars and confessed that he used to sell away the NDPL
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C.C.No.316 of 2023 7 Dated:10-04-2026 bottles to gain unlawfully. LW3 tried to secure mediators nearby village at
Sundaramma Kandriga, but the VRO, VRA and Secretary are not available in the
Village. On verification, they found (1) 3 bottles of Kingfisher Strong Beer (2) 5 bottles of Honey Bee fine brandy bottles each 180 ml i.e., total 8 bottles which are non-duty paid for sale in Tamilnadu only. LW.3 seized the 8 bottles and Hero
Splendor Plus motorcycle and lifted one bottle each from each brand as MO1 & MO2 samples for chemical analysis purpose. Labels with signatures of LW3 and accused were affixed on the sample bottles. LW1 drafted the Ex.P1Special report. Witness identified the accused in the open Court. Further investigation done by LW3.
14. P.W.2 is the Excise Constable, SEB, Nagari, On 07.02.2021, PW.2 received credible information about selling of ID arrack. Immediately, PW.2 secured
PW1 & LW1 and proceeded to the scene of offence situated at Railway Gate of
Gundrajukuppam Village to conduct raids and they went to the Railway Gate at
Gundrajukuppam Village at about 07-30 pm in a private Vehicle and near
Gundrajukuppam Railway Gate, they noticed one person sitting with one can and on seeing us, the accused tried to escape and they caught hold of accused. On enquiry, the accused revealed his name and identity particulars and confessed that he purchased ID arrack from unknown persons and selling the same at higher price at the scene of offence. On verification, they found 20 liters of ID arrack filled in 20 liters capacity white color can in possession of the accused. PW.2 drew sample from the above said can to 180 ML quarter bottle. Labels with signatures of the accused and
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PW.2 were affixed on the sample bottle. PW.1 prepared special report on my dictation. Thereafter, the arrested accused and the seized contraband were taken to the police station and PW.2 registered a case in Cr.No.51/2021 for the offence punishable U/Sec.7B r/w. 8(B) of APP Act, 1995. PW.2 forwarded the accused to the Court for Judicial custody. PW.2 sent the contraband to the Laboratory for chemical analysis. After completion of investigation, LW4 filed charge sheet. Ex.P1 is the special report, dated 07.02.2021. Ex.P2 is the fIR in Crime No.51/2021. Ex.P3 is the chemical analysis report, dated 18.02.2021. MO1 is the sealed sample bottle.
15. PW.3/CI of Police, CI of Police, SEB, Nagari, who seized the contraband, registered the Crime and filed charge sheet, PW.3 deposed that on 14.07.2022 on receipt of credible information, PW.3 along with his staff at about 09.00 am, went to Water Tunk in Tadukupeta Village and on seeing us one person who was sitting with plastic cover tried to skulk away and they caught hold him and on enquiry, the accused revealed his identity particulars and stated that he purchased
Tamil Nadu and selling the in Andhra Pradesh. On search they found 3 Pints of King
Fisher Beer and 5 Nips Honey Beer Brandy and PW.3 have arrested the accused, seized the contraband and PW.3 have drawn a sample from each variety of liquor under cover of police proceedings and PW.3 have affixed our signatures in the police proceedings. From there they returned to the police station. Basing on the strength of Ex.P1, PW.3 registered the case in Cr.No.183/2020, U/sec.34 (1) r/w 34 (a), 11 (2) and 42 of AP Excise Act submitted the FIR copies to all the concerned officers and
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C.C.No.316 of 2023 9 Dated:10-04-2026 tookup investigation. Ex.P2 is the FIR. PW.3 produced the accused before the court for Judicial custody. PW.3 have sent to sample bottle for chemical analysis, along with letter of advice. Ex.P3 is the letter of advice. PW.3 received chemical analysis report. Ex.P4 is the chemical analysis report. They got destructed seized contraband as per proceedings of our Superintendent of Police. Ex.P5 is the destruction proceedings. After completion of investigation LW.4/SI of Police filed charge sheet.
16.As this is the case under Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020 the prosecution has to establish the offence of possession of (1) 3 bottles of Kingfisher Strong Beer (2) 5 bottles of Honey Bee fine brandy bottles each 180 ml i.e., total 8 bottles in a white color bag without permit or license.
P.W.1 to PW3 corroborated with each other and deposed that they found (1) 3 bottles of Kingfisher Strong Beer (2) 5 bottles of Honey Bee fine brandy bottles each 180 ml i.e., total 8 bottles in the possession of accused. They also deposed that the contraband was seized from the accused under the cover of Special Report. The chemical analysis report under Ex.P.4, prima facie shows that the sample of the contraband is Illicitly distilled liquor unit for human consumption and injurious to health. Except the said confession of the accused before the police under
Ex.P.1/Special Report, there is no other material produced by the prosecution, which is not admissible, as the confession before the police is hit under Section 25 of Indian
Evidence Act.
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17.Further regarding the alleged seizure of contraband, PW1 to PW3 admitted the suggestions put by defence counsel in the cross examination that there are 300 residential houses in Tadukupeta Village. PW1 to PW3 further admitted that they did not secure the village Volunteers or Secretary and independent persons as mediators. PW.1 to PW.3 denied the suggestions put by defence counsel in their cross examination that they did not go to the place of offence and did not seize any contraband from the possession of the accused. As per the law, P.W.3 is bound to follow the procedure laid down under the Code of Criminal Procedure relating to search and arrest. It envisages that Sec.100 of Cr.P.C has to be followed by P.W.2 at the time of search and seizure of the contraband. But it is admitted by the prosecution witnesses that they did not secure the independent persons or inhabitants of nearby locality.
18.In a case, our Hon'ble High Court, which is squarely applicable to the facts of this case, Yeduru Sreenivasulu Reddy Vs State of A.P 2002(1) ALD (Crl.) 347 (A.P) held that when no mediators examined though search was conducted in a busy locality, the search and seizure as well as conviction cannot be sustained.
19.In another case, the Hon'ble High Court of A.P in a judgment
Between S.Babu Saheb @ Babu Vs. State of A.P. cited in 2010 (1) A.L.T. (Crl.) held in Para No: 32, “When conducting the search in a colony or at a place wherein there is possibility of securing the presence of independent mediators, the Excise or
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Prohibition officials are bound to take the local respectable mediators, that is mandate U/sec.100(4) of Cr.P.C.”
20.In another case our Hon'ble High Court in Adapa Ramababu @
Ramu Vs. State of A.P 2014 (1) ALD (Crl) 966 (A.P) in para No.13 held that, whatever be the truthfulness or otherwise of the evidence of Police officials, it is not at all safe to convict an individual on the basis of that. It is only in Extreme cases where other evidence is not available and the suspicion that surrounds the evidence of a police officials is almost removed, that the court can rest its conclusion on the evidence of the police officials.
21.In the present case on hand also, it can be seen from the record that during the raid participated by PW1 to P.W.3 who are the police officials, no independent witnesses have been secured or the efforts made by them to secure the mediators were not reflected anywhere in the record to believe their version. As per the evidence of P.W.1 to P.W.3, the scene of offence is on the village there are 300 houses from where the independent persons can be secured as mediators, but no witnesses were summoned by the police personnel, to act as mediators and no proof of such act was brought on record. Thus, the sole testimony of the police personnel cannot be relied on, to prove the alleged seizure of contraband from the possession of the accused. As such the seizure was not proved in accordance with law.
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22.The prosecution is heavily relying on Ex.P4 to prove the nature of the contraband. Though the prosecution witnesses denied the suggestion that this case is filed for statistical purpose and all the documents were prepared in the police station, however it is the burden of the prosecution to prove the alleged seizure and preparation of Ex.P1 to Ex.P.5 beyond reasonable doubt. As discussed supra, the cloud of doubt is created in favour of the accused and so this Court is inclined to hold that the prosecution failed to prove the case beyond reasonable doubt.
23.Hence in view of foregoing discussion, this Court finds that the prosecution failed to prove that the investigating officer duly followed the procedure for search and seizure of the contraband and so failed to prove the connection of the accused to the contraband, which is the foundation for the entire case of the prosecution. So this Court finds that the prosecution failed to prove the seizure and thereby failed to prove this case against the accused beyond reasonable doubt.
Hence this Court finds that the charges framed against the accused are not proved and he is entitled for acquittal.
24.In the result, the accused is found not guilty for the offence underSec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020 and accordingly, he is acquitted for the above offence under Sec.248(1) Cr.P.C. The bail bonds of accused shall remain in force for six months from today as per Sec.437-A of
Cr.P.C.
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25.The property in C.P.R.No.30 of 2026 i.e., M.O.1 MO.2 are the sealed sample bottles ordered to be destroyed after expiry of appeal time.
Typed to my dictation by the Typist, corrected, signed and pronounced by me in the open Court, this the 10 th day of April, 2026.
(Sd/- C.Janaki)
Principal Civil Judge (Junior Division), Puttur,
FAC. Civil Judge (Junior Division) – cum -
Judicial Magistrate of I Class, Nagari.
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For Prosecution: For Defence:
P.W.1:A.Govindaswamy None P.W.2:K.Chandu P.W.3:G.P.Vijaya Kumar
DOCUMENTS MARKED
Ex.P.1/PW1:Ex.P.1 is Special Report. Nil Ex.P.2/PW3:First Information Report. Ex.P.3/PW3:Letter of Advice. Ex.P.4/PW3:Chemical Analysis Report. Ex.P.5/PW3:Destruction Proceedings.
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Material objects:
M.O.1 and 2 are the 180 ml sealed sample bottle.
// True Copy //
Principal Civil Judge (Junior Division), (Sd/- C.Janaki)
Puttur,Principal Civil Judge (Junior Division), FAC. Civil Judge (Junior Division) – cum -Puttur,
Judicial Magistrate of I Class,FAC. Civil Judge (Junior Division) – cum
Nagari.- Judicial Magistrate of I Class, Nagari.
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IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS:: NAGARI.
Calendar in C.C.No.316 of 2023
(Cr.No.193 of 2020 of SEB, Nagari)
Date of offence:14.07.2020
Date of complaint:14.07.2020
Date of taken on cognizance:13-10-2023
Date of appearance of accused:30.11.2023
Date of commencement of trial:18.10.2025
Date of close of trial:09.01.2026
Explanation for delay:No delay
Date of sentence or order: 10.04.2026
Complainant:State represented by the Inspector of Police, SEB, Nagari.
Name of theFather’s nameAgeVillage,Occupation AccusedMandal/ District K.Siva, aged K.C.MunaswamyAged about R/o Mulanatham Village, Coolie 20 yearsNagari Mandal.
Nature of offence: Illegal selling of liquor without permit or license
Section of Law: Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020.
Plea of the accused: Pleaded not guilty.
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Finding of the Court: Accused is found not guilty for the offence under Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020.
Sentence or order: In the result, the accused is found not guilty for the offence under Sec.34(1) r/w 34(a), 11 (2) 42 of A.P Excise (Amendment) Act – 2020 and accordingly, he is acquitted for the above offence under Sec.248(1) Cr.P.C. The bail bonds of accused shall remain in force for six months from today as per Sec.437-A of Cr.P.C.
The property in C.P.R.No.30 of 2026 i.e., M.O.1 MO.2 are the sealed sample bottles ordered to be destroyed after expiry of appeal time.
// True Copy //
Principal Civil Judge (Junior Division), (Sd/- C.Janaki)
Puttur,Principal Civil Judge (Junior Division), FAC. Civil Judge (Junior Division) –Puttur, cum - Judicial Magistrate of I Class,FAC. Civil Judge (Junior Division) – cum - Nagari.Judicial Magistrate of I Class, Nagari.