IN THE COURT OF THE SPL. J.F.C.M. EXCISE - CUM - V ADDL.
JUNIOR CIVIL JUDGE - CUM- V ADDL. METROPOLITAN
MAGISTRATE, AT L.B.NAGAR , R.R.DISTRICT, HYD.
Present: Sri. D.Devendra Babu
Spl. J.F.C.M. Excise – cum - V Addl.Junior Civil Judge cum V Addl. Metropolitan Magistrate at L.B.Nagar, Ranga Reddy District.
Dated this the 30 th day of November, 2022.
C.C. No. 2002 of 20 22
Between: The State, Through S.H.O, Excise & Prohibition P.S. Saroornagar
... Complainant.
And
Kucharakanti Madhusudhanana Chary, S/o. Janardhana Chary, Aged 31 yrs, R/o. H.No. 17-2-846/A1, Madannapet, OLD Eidgah, Saidabad, Hyderabad.
.... Accused
***
This calendar case came before me for final hearing and disposal in the presence of Learned A.P.P. for the State, and Learned counsel for
Accused, K. Vijaya Bhaskar upon perusing the material papers on record and upon hearing the arguments of both sides, stood over for consideration, till this day, this court delivered the following:
J U D G M E N T
[1] The Prohibition & Excise Sub- Inspector, Station House Officer,
Saroornagar filed charge sheet in Cr.No. 14/2021 against the sole accused for offences U/sec. 34(1)(ii) of TS Excise Act, 1968.
The brief case of the prosecution as per the charge sheet is as follows:
[2] On 04.08.2021 on reliable information of illegal sales of IML at
Jillelaguda Cheruvu, Ammavari Temple, Jillelaguda, Balapur (M), Ranga
Reddy District, LW.3, LW4 to 6 and staff proceeded to the above place and secured two panch witnesses LW1, 2 and at about 5.30 PM LW.3 found A.1 came with one cover and looking here and there and the officers along with staff went to him and introduced themselves and conducted search of the cover and found 8 bottles of Sea grams Blenders Pride Reserve
Whisky, each 750 ml. On verification about the bottles, accused confessed that they are duty paid liquor for sale in Telangana State only.
On enquiry A.1 revealed his particulars. On further enquiry A.1 confessed that A2/V. Anil Kumar purchased IML bottles from the wine shops of his area at low rates and selling to him and he brought the bottles from hyderabad places through hire vehicles and selling at less rate of
Rs.150/- than MRP on each bottle.
[3] Basing on the confession of A.1, the officers along with A1 and
LW.1, 2 proceeded to the house of the accused. On search of the bed room found some cartons at a corner. On search of the cartons, they found they are 3 cartons Ballantiny Finest Blended Scotch Whisky and on opening the cartons they found, 12 bottles each in three cartons and in one carton with 4 bottles, and each bottle with 750 ml. On counting the bottles, they are 84 each with 750 ml.
[4] Further LW3 to 6 drawn two samples, from each bottle, and seized the samples and remaining contraband under the cover of panchanama in the presence of mediators. Basing on which LW6
Registered a case in Cr.No. 14/2021 for the offence U/sec. 34(1)(ii) of TS
Excise Act, 1968 and arrested the accused produced before the court for judicial remand. Upon receiving the chemical analysis report and on completion of the investigation LW7 filed the charge sheet against A.1 only.
[5] Cognizance for an offence U/Sec. 34(1)(ii) of TS Excise Act, 1968 is taken against the accused. On appearance of the accused copies
U/sec. 207 Cr.P.C. is furnished against him and he was examined U/sec.
239 Cr.P.C. A Charge for an offence U/Sec. 34(1)(ii) of TS Excise Act, 1968 was read over and explained to the accused and he pleaded not guilty and claimed to be tried.
[6] To prove the case, prosecution have examined PW1 to PW5 and got marked Ex.P-1 to Ex.P-8, M.O-1 is also marked. The learned APP has given up the evidence of LW3,4. After Closure of the prosecution evidence the accused is examined U/sec. 313 Cr.P.C. in respect of the incriminating material found against him and he reported no defence. No evidence is adduced on his behalf.
[7] Heard the Learned APP and the counsel for the Accused.
[8] Point: Whether the prosecution has proved the guilt of
the accused beyond on all reasonable doubts for an offence
U/Sec. 34(1)(ii) of TS Excise Act, 1968?
[9] Point: To make out it’s case for an offence U/Sec. 34(1)(ii) of TS
Excise Act, 1968, Prosecution examined B. Anil, PW-1 is the mediator for seizure panchanama has turned hostile. He stated that Police officials has obtained his signature as in Ex.P1 and P.2 on some written papers and further deposed that he did not know anything about the case. Though the PW-1 was cross examined at a length by the learned APP, no useful material could be elicited to make out the prosecution.
[10] S. Narasimha Goud, PW-2 is the mediator for seizure panchanama has turned hostile. He stated that Police officials has obtained his signature as in Ex.P3 and Ex.P.4 on written papers and further deposed that he did not know anything about the case. Though the PW-2 was cross examined at a length by the learned APP, no useful material could be elicited to make out the prosecution.
[11) B. Venkanna, PW3, Sub-Inspector of (P&ESI), Saroornagar PS deposed that on 04.08.2021 on credible information he along with staff proceeded to Jillelguda Cheruvu Ammavaru Temple, Balapur Mandal that the accused was selling IML liquor and found the accused conducting sale of IML and on enquiry with the accused, accused revealed his particulars as Madhusudhana Chary and shown 8 bottles of Sea Grams blendors pride deserve whisky each 750 ml immediately he secured two panchas
PW1 and PW2 and in their presence conducted panchanama as in
Ex.P.5and seized the property and further accused confessed that he bought the contraband from V.Anil Kumar. Basing on the said panchanama on the same day with same panchas PW3 proceeded to
H.No.17-2-846/A, old Eid-ga Madannapet, Saidabad and conducted search on search they found three cartons of liquor of various brands each 750 ml totalling 36 bottles. Further found another four cartons of Sea Grams blendors pride reserve whisky with 12 bottles in three cartons and four bottles in one carton each bottle 750 ml. Later in the presence of same panchas conducted seizure panchanama and seized the contraband and drawn samples from each bottle under the cover of panchanama as in
Ex.P6. Later after completion of the panchanamas PW3 handed over the
A1 along with case papers to LW6 for further investigation. In cross examination PW3 admitted that he did not examined any independent witnesses.
[12] S.M. Shuttari, PW4, Sub-Inspector of (P&ESI), Saroornagar PS deposed that On 04.08.2021 he received Accused No.1 along with case papers and property from PW3 and during his course of investigation he sent the property to FSL and produced the A1 before the Hon’ble court on the next day for judicial remand. Later he handed over the CD file to LW7 for further investigation. In cross examination PW4 admitted that he did not examined any independent witnesses.
[13] G. Srinivas Rao, PW5, Inspector of (P&EI), Saroornagar PS deposed that On in the month of December 2021 he took up the investigation in the said case and verified the investigation done by PW4 found to be in proper lines and after collecting the CE report under Ex.P8 and on completion of investigation he filed the charge sheet. In cross examination PW5 admitted that he did not examined any independent witnesses.
[14] As the learned APP has given of the evidence of LW3,4, and due to hostile evidence of PW1 and PW2 and the recording of panchanama’s dated 04-08-2021 are not proved, when there are no independent witnesses were examined, it is highly unsafe to relay upon the version of PW-3 to PW-5 who is the excise officials and is interested in the out come of the prosecution of the accused.
[15] In the light of the above discussion and due to lack of evidence this Court has no hesitation to hold that the prosecution has miserably failed to prove the guilt of the accused for an offence U/Sec. 34(1)(ii) of
TS Excise Act, 1968 beyond on all reasonable doubts and thus accused is entailed for acquittal.
[16] In the result the Accused is found not guilty for the offence
U/Sec. 34(1)(ii) of TS Excise Act, 1968 and he is acquitted U/sec.248(1)
Cr.P.C. and his bail bonds shall stand canceled and MO1 is the seized sample case property in CPR.No.312/2022 Shall be destroyed soon after the expiry of the appeal period.
Prepared and pronounced by me in the open court on this the 30 th day of November, 2022.
Spl. J.F.C.M. Excise – cum - V Addl. Junior Civil Judge – cum- V Addl. Metropolitan Magistrate Ranga Reddy District
APPENDIX OF EVIDENCE
WITNESSES EXAMINED ON BEHALF OF :
FOR PROSECUTION: FOR DEFENCE:
P.W.1: B. Anil - Nil- P.W.2: S. Narsimha Goud P.W.3: B. Venkanna P.W.4: S.M. Shuttari P.W.5: G. Srinivas Rao
EXHIBITS MARKED FOR:
PROSECUTION:
Ex.P-1 & P-2: is the signature of PW1 on Panchanama Ex.P-3 & P.4: is the signature of PW2 on Panchanama Ex.P-5: is the Panchanama dt 04.08.2021 at 5.30 PM.
Ex.P-6: is the Panchanama dt 04.08.2021 at 6.45 PM Ex.P-7: is the COR Ex.P-8: is the CE report
DEFENCE:
-Nil-
Material Objects Marked:
MO-1 is the seized sample
Spl. J.F.C.M. Excise – cum - V Addl. Junior Civil Judge – cum- V Addl. Metropolitan Magistrate Ranga Reddy District
CALENDER AND JUDGMENT
IN THE COURT OF THE SPL. J.F.C.M. EXCISE - CUM - V ADDL. JUNIOR
CIVIL JUDGE - CUM- V ADDL. METROPOLITAN MAGISTRATE, AT
L.B.NAGAR , R.R.DISTRICT, HYD.
Date of offence: 04.08.2021
Report or Complaint: 04.08.2021
Apprehension of Accused: 04.08.2021
Released on bail: 10.08.2021
Commencement of Trial: 05.07.2022
Close of Trial: 19.09.2022
Sentence or order: 30-11-2022
Explanation of delay and remarks: -
JUDGMENT IN CALENDER CASE NO.2002 OF 2022 ON IN THE COURT OF THE SPL. J.F.C.M. EXCISE - CUM - V ADDL. JUNIOR CIVIL JUDGE - CUM- V ADDL.
METROPOLITAN MAGISTRATE, AT L.B.NAGAR , R.R.DISTRICT, HYD.
COMPLAINT: Excise Saroornagar
ACCUSED
Kucharakanti Madhusudhanana Chary
OFFENCES : U/Sec. 34(1)(ii) of TS Excise Act, 1968 PLEA OF ACCUSED: Not guilty
FINDING OF THE JUDGE: Not guilty
SENTENCE OF ORDER : In the result, the Accused is found not guilty for the offence U/Sec. 34(1)(ii) of TS Excise Act, 1968 and he is acquitted U/sec.248(1) Cr.P.C. and his bail bonds shall stand canceled and MO1 is the seized sample case property in CPR.No.312/2022 Shall be destroyed soon after the expiry of the appeal period.
Spl. J.F.C.M. Excise – cum -
V Addl. Junior Civil Judge – cum- V Addl. Metropolitan Magistrate Ranga Reddy District.
To, The Hon’ble Metropolitan Sessions Judge’s Court, Ranga Reddy at LB Nagar.
Dis.No._________ Date:- ____________