Mohd.Nazeer Ul Ain

Junior Civil Judge, Parchur

Senior Civil Judge, Parchur (Taluka) · Prakasham · Andhra Pradesh

Mohd.Nazeer Ul Ain, Junior Civil Judge, Parchur, is posted at Senior Civil Judge, Parchur (Taluka), Prakasham, Andhra Pradesh, India. 1,447 court orders on record since 2017. 3 judgments with full text available. Primarily handles CC, OS, EP cases.

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CC/55/2019 Acquitted

Station House Officer, Prohibition and Excise Station, Parchur vs Suvarnaganti Venkata Ramanjaneyulu

16 Sep 2019

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

CALENDAR AND JUDGMENT

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

C.C.No. 55 of 2019

1. Date of ofence : 19.12.2018

2. Date of Complaint : 19.12.2018

3. Date of appearance of accused : 02.04.2019

4. Date of release of accused on bail : 07.05.2019

5. Date of commencement of trial : 05.09.2019

6. Date of closing of trial : 05.09.2019

7. Date of Judgment : 16.09.2019

8.Complainant:Prohibition & Excise Station, Parchur.

9.Accused:Suvarnaganti Venkata Ramanjaneyulu, S/o. Sambasiva Rao, Aged 40 years, R/o. Parchur Village.

10. Ofence.:U/Sec. 34 (a) of A.P. Excise Act 1968

11. Plea of Accused : Not guilty.

12. Finding of court : Accused found not guilty.

13. Sentence or Order :In the result, this Court found the accused not guilty for the ofence punishable U/Sec. 34 (a) of A.P. Excise Act 1968, and he is acquitted U/Sec.248(1) of Cr.P.C. The bail bonds of accused and of his sureties shall remain in force for 6 (six) months from today as per Sec.437- A Cr.P.C. M.O.1 shall be destroyed after expiry of appeal time.

14.FINE AMOUNT: -------

Explanation for Delay: -

The case was taken on fle on 19.03.2019. The accused was appeared on 02.04.2019 and copies of documents were furnished to accused. On 17.07.2019 accused was examined under Sec.239 Cr.P.C for the ofence under Section 34(a) of A.P. Excise Act, 1968. The trial commenced on 05.09.2019 and PW1 was examined and Ex.P1 to Ex.P7 and M.O.1 is marked. Prosecution evidence is closed. After closure of prosecution evidence, the accused was examined

U/s.313 Cr.P.C on 05.09.2019 with incriminating material in the evidence of 2

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

prosecution, the accused denied and reported no defence evidence. Heard arguments on 05.09.2019 and Judgment pronounced on 16.09.2019. Hence, the delay.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Copy Submitted to: The Hon’ble I-Addl. District & Sessions Judge, Ongole. I-Addl. District & Sessions Judge, Ongole.

Copy to : The Superintendent of Police, Ongole.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

Present: Sri Mohd. Nazeer Ul Ain,

Judicial Magistrate of First Class, Parchur.

Monday, this the 16 th day of September, 2019

C.C.No. 55 of 2019

Between: Prohibition & Excise Station, Parchur. …Complainant Vs., Suvarnaganti Venkata Ramanjaneyulu, S/o. Sambasiva Rao, Aged 40 years, R/o. Parchur Village. …. Accused.

This case is coming on 05.09.2019 before me for fnal hearing in the presence of Assistant public prosecutor for complainant and of Sri M. Ramanadha Babu, Advocate for Accused, and after hearing both sides and on perusing the material on record, and the matter having stood over to this day for consideration, this Court delivered the following: - //J U D G M E N T //

1.The State, S.H.O., Prohibition & Excise Station, Parchur, fled charge sheet against the accused alleging that, on 19.12.2018, at about 5.00 AM., LW4- A. Rekha, the then Prohibition & Excise Inspector,

Prohibition & Excise station, Parchur along with his staf detained the accused near Upputur Bridge, Parchur Village, and questioned him about the bag in his possession. He confessed that the bag is flled with liquor bottles. The Excise Oficials tried to secure mediators, but invain. On that, the Sub Inspector decided to search the accused. She has opened the bag and found containing Old Tavern Fine Whisky 180 ml capacity pet bottles – 15. The Investigating Oficer has drawn a sample from those bottles and sealed the bag containing remaining bottles by afixing identity slips to the sample and the bag containing liquor bottles, under a cover of special report. She took the accused, contraband, sample and the special report to the Prohibition & Excise Station, Parchur and 4

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

registered the said report as Cr.No. 46/2018 under Sec. 34(a) of A.P.

Excise Act. She forwarded the accused to this Court for judicial remand and the sample bottle to chemical analyst for opinion. He received analyst report in Rc.No.4202/2018 opining that the sample is containing alcohol and it is Indian Liquor. The contraband was confscated under the proceedings of Deputy Commissioner, Prohibition & Excise, Ongole.

Later, he fled charge sheet against the accused.

2.The case was taken on fle against the accused for the ofence under Section 34(a) of A.P. Excise Act, 1968 and registered as

C.C.No.55/2019. On his appearance, copies of documents furnished to him, as required under Section 207 Cr.P.C.

3.The accused was examined under Section 239 Cr.P.C for the ofence under Section 34 (a) of A.P. Excise Act, 1968 is read over and explained to him in Telugu for which he pleaded not guilty and claimed to be tried.

4.During the course of trial, the prosecution has examined

PW1 and got marked Ex.P1 to Ex.P7 documents and M.O.1.

5.After closure of prosecution evidence, the accused was examined U/s.313 Cr.P.C with incriminating material in the evidence of prosecution, the accused denied and reported no defence evidence.

6.Heard both sides.

7.Now the point that arises for determination is:-

Whether the prosecution proved its case beyond reasonable doubt that the accused was in possession of Indian made liquor bottles, more than the permissible capacity on 19.12.2018 at about 5.00 AM., when the Prohibition & Excise oficials searched him, which act is punishable under Sec. 34(a) of A.P. Excise Act, 1968?

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

POINT: -

8.Unfoldingthecaseoftheprosecution,the

LW4- A. Rekha, the then Prohibition & Excise Inspector, Prohibition &

Excise Station, Parchur has deposed as PW1. He has reiterated the allegations in the charge sheet by deposing that since nobody came forward for arresting the accused and seizing Old Tavern Fine Whisky 180 ml capacity pet bottles – 15 from the possession of the accused and so, under a cover of special report marked as Ex.P1, they separating a sample bottle (M.O.1) from the contraband for analyst report, and registered the FIR/Ex.P2 and has forwarded the sample bottle to analyst at Guntur and received Ex.P4 analyst report, Ex.P3 is the letter of advise,

Ex.P5 is the proceedings of Deputy Commissioner, Prohibition & Excise,

Ongole in R.C.No.09/2019 dated 30.01.2019, Ex.P6 is the Mediators

Report dated 02.02.2019 and Ex.P7 is the Challan Dated 02.02.2019.

9. It is the specifc case of the prosecution that the accused was in possession of Old Tavern Fine Whisky 180 ml capacity pet bottles – 15.

A careful perusal of notifcation issued under Sec. 14: it is specifcally notifed by the State Government, as to what is the maximum quantity of intoxicant, that a person can possess, without permit or licence. In

G.O.Ms.No. 268, Revenue Department dated 01.04.1997 published in A.P.

Gazette, Part II, Extraordinary No.96 dated 18.04.1977, by virtue of powers confer under Sub Sec. 1 of Section (14) of A.P. Excise Act, 1968, the Governor of Andhra Pradesh specifed the maximum quantity intoxicants which a person may have in his possession at a time, without a permit or licence with efect from 18.04.1977. As per the said G.O., a person can possess Indian Made Foreign Liquor six (6) quart bottles each 750 ml. Thus, it is abundantly clear that one can possess 6 quart bottles 6

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

or its equivalent quantity. The accused, in the case on hand was caught by the Excise police when he was in possession of Old Tavern Fine

Whisky 180 ml capacity pet bottles – 15. Thus, the accused was in possession of the permissible quantity. In this way, it is abundantly clear that the accused possessed such quantity of liquor is not at all an ofence.

10. If at all, it is the case of the prosecution that the accused was selling the liquor bottles without permit or licence, no evidence was brought on record to prove as to where he was selling those bottles and to whom? No money was seized from him to establish that he was selling liquor bottles without licence.

11. In the light of foregoing discussion, this Court is of the opinion that the case of the prosecution has no legs to stand, in view of the accused possessing liquor bottles within the permissible quantity.

Hence, the accused is entitled for the beneft of doubt which leads to his acquittal.

12.In the result, this Court found the accused not guilty for the ofence punishable U/Sec. 34 (a) of A.P. Excise Act 1968, and he is acquitted U/Sec.248(1) of Cr.P.C. The bail bonds of accused and of his sureties shall remain in force for 6 (six) months from today as per

Sec.437- A Cr.P.C. M.O.1 shall be destroyed after expiry of appeal time.

Dictated to the Personal Assistant, transcribed by her, corrected and

pronounced by me in the open court, on this the 16 th day of September,

2019.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: For Defence:

PW.1: A. Rekha, Prohibition & Excise Inspector, Parchur. -- None –

DOCUMENTS MARKED

For prosecution:

Ex.P1:Special report Ex.P2:FIR Ex.P3:Letter of advise Ex.P4:Analysis report Ex.P5:Proceedings in Rc.No.09/2019/B1 dated 30.01.2019 Ex.P6:Mediators Report Ex.P7:Challan dated 02.02.2019

For defence: NIL

Material Objects:

M.O.1:Sample bottle (Sd/-Mohd.Nazeer Ul Ain) J.M.F.C., Parchur.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 55 of 2019 //

CC/15/2019 Acquitted

Station House Officer, Prohibition and Excise Station, Parchur vs Palathoti Chinnabbai

17 Sep 2019

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

CALENDAR AND JUDGMENT

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

C.C.No. 15 of 2019

1. Date of ofence : 22.02.2018

2. Date of Complaint : 23.02.2018

3. Date of appearance of accused : 05.03.2019

4. Date of release of accused on bail : 26.02.2018

5. Date of commencement of trial : 05.09.2019

6. Date of closing of trial : 05.09.2019

7. Date of Judgment : 17.09.2019

8.Complainant:Prohibition & Excise Station, Parchur.

9.Accused:Palathoti Chinnabbai, S/o. Prabhudass, Aged 60 years, R/o. Devarapalli Village, Parchur Mandal.

10. Ofence.:U/Sec. 34 (a) of A.P. Excise Act 1968

11. Plea of Accused : Not guilty.

12. Finding of court : Accused found not guilty.

14.FINE AMOUNT: -------

Explanation for Delay: -

The case was taken on fle on 02.02.2019. The accused was appeared on 05.03.2019 and copies of documents were furnished to accused. On 07.08.2019 accused was examined under Sec.239 Cr.P.C for the ofence under Section 34(a) of A.P. Excise Act, 1968. The trial commenced on 05.09.2019 and PW1 was examined and Ex.P1 to Ex.P7 and M.O.1 is marked. Prosecution evidence is closed. After closure of prosecution evidence, the accused was examined

U/s.313 Cr.P.C on 05.09.2019 with incriminating material in the evidence of 2

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

prosecution, the accused denied and reported no defence evidence. Heard arguments on 05.09.2019 and Judgment pronounced on 17.09.2019. Hence, the delay.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Copy Submitted to: The Hon’ble I-Addl. District & Sessions Judge, Ongole. I-Addl. District & Sessions Judge, Ongole.

Copy to : The Superintendent of Police, Ongole.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

Present: Sri Mohd. Nazeer Ul Ain,

Judicial Magistrate of First Class, Parchur.

Tuesday, this the 17 th day of September, 2019

C.C.No. 15 of 2019

Between: Prohibition & Excise Station, Parchur. …Complainant Vs., Palathoti Chinnabbai, S/o. Prabhudass, Aged 60 years, R/o. Devarapalli Village, Parchur Mandal. …. Accused.

This case is coming on 05.09.2019 before me for fnal hearing in the presence of Assistant public prosecutor for complainant and of Sri K. Narendra Kumar, Advocate for Accused, and after hearing both sides and on perusing the material on record, and the matter having stood over to this day for consideration, this Court delivered the following: - //J U D G M E N T //

1.The State, S.H.O., Prohibition & Excise Station, Parchur, fled charge sheet against the accused alleging that, on 22.02.2018, at about 4.30 PM., LW4- A. Rekha the then Prohibition & Excise Inspector,

Prohibition & Excise station, Parchur along with her staf detained the accused near bridge ½ km distance to Devarapalli Viflage of Parchur

Mandal, and questioned him about the bag in his possession. He confessed that the bag is flled with liquor bottles. The Excise Oficials tried to secure mediators, but invain. On that, the Sub Inspector decided to search the accused. She has opened the bag and found containing Old

Admiral Special VSOP Brandhy 180 ml capacity bottles – 13. The

Investigating Oficer has drawn a sample from those bottles and sealed the bag containing remaining bottles by afixing identity slips to the sample and the bag containing liquor bottles, under a cover of special report. She took the accused, contraband, sample and the special report 4

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

to the Prohibition & Excise Station, Parchur and registered the said report as Cr.No. 12/2018 under Sec. 34(a) of A.P. Excise Act. She forwarded the accused to this Court for judicial remand and the sample bottle to chemical analyst for opinion. She received analyst report in

Rc.No.891/2018 opining that the sample is containing alcohol and it is

Indian Liquor. The contraband was confscated under the proceedings of

Deputy Commissioner, Prohibition & Excise, Ongole. Later, she fled charge sheet against the accused.

2.The case was taken on fle against the accused for the ofence under Section 34(a) of A.P. Excise Act, 1968 and registered as

C.C.No.15/2019. On his appearance, copies of documents furnished to him as required under Section 207 Cr.P.C.

4.During the course of trial, the prosecution has examined

PW1 and got marked Ex.P1 to Ex.P7 documents and M.O.1.

5.After closure of prosecution evidence, the accused was examined U/s.313 Cr.P.C with incriminating material in the evidence of prosecution, the accused denied and reported no defence evidence.

6.Heard both sides.

7.Now the point that arises for determination is:-

Whether the prosecution proved its case beyond reasonable doubt that the accused was in possession of Indian made liquor bottles, more than the permissible capacity on 022.02.2018 at about 4.30 PM., when the Prohibition & Excise oficials searched him, which act is punishable under Sec. 34(a) of A.P. Excise Act, 1968?

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

POINT: -

8.Unfoldingthecaseoftheprosecution,the

LW4- A. Rekha, the then Prohibition & Excise Inspector, Prohibition &

Excise Station, Parchur has deposed as PW1. She has reiterated the allegations in the charge sheet by deposing that since nobody came forward for arresting the accused and seizing Old Admiral Special VSOP

Brandhy 180 ml capacity bottles – 13. from the possession of the accused and so, under a cover of special report marked as Ex.P1, they separating a sample bottle (M.O.1) from the contraband for analyst report, and registered the FIR/Ex.P2 and has forwarded the sample bottle to analyst at Guntur and received Ex.P4 analyst report, Ex.P3 is the letter of advise. Ex.P5 Proceedings dated 03.05.2018. Ex.P6 is the mediators report for the confscation and Ex.P7 is the challan dated 06.06.2018.

9. It is the specifc case of the prosecution that the accused was in possession of Old Admiral Special VSOP Brandhy 180 ml capacity bottles – 13. A careful perusal of notifcation issued under Sec. 14: it is specifcally notifed by the State Government, as to what is the maximum quantity of intoxicant, that a person can possess, without permit or licence. In G.O.Ms.No. 268, Revenue Department dated 01.04.1997 published in A.P. Gazette, Part II, Extraordinary No.96 dated 18.04.1977, by virtue of powers confer under Sub Sec. 1 of Section (14) of A.P. Excise Act, 1968, the Governor of Andhra Pradesh specifed the maximum quantity intoxicants which a person may have in his possession at a time, without a permit or licence with efect from 18.04.1977. As per the said G.O., a person can possess Indian Made Foreign Liquor six (6) quart bottles each 750 ml. Thus, it is abundantly clear that one can possess 6 quart bottles or its equivalent quantity. The accused, in the 6

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

case on hand was caught by the Excise police when she was in possession of Old Admiral Special VSOP Brandhy 180 ml capacity bottles – 13. Thus, the accused was in possession of the permissible quantity. In this way, it is abundantly clear that the accused possessed such quantity of liquor is not at all an ofence.

Hence, the accused is entitled for the beneft of doubt which leads to his acquittal.

Sec.437- A Cr.P.C. M.O.1 shall be destroyed after expiry of appeal time.

Dictated to the Personal Assistant, transcribed by her, corrected and

pronounced by me in the open court, on this the 17 th day of September,

2019.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: For Defence:

PW.1: A. Rekha, Prohibition & Excise Inspector -- None –

DOCUMENTS MARKED

For prosecution:

Ex.P1:Special report Ex.P2:FIR Ex.P3:Letter of advise Ex.P4:Analysis report Ex.P5:Proceedings in Rc.No.34/2018/A2 dated 03.05.2018 Ex.P6:Mediators Report dated 06.06.2018 Ex.P7:Challan dated 06.06.2018.

For defence: NIL

Material Objects:

M.O.1:Sample bottle (Sd/-Mohd.Nazeer Ul Ain) J.M.F.C., Parchur.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 15 of 2019 //

CC/78/2018 Acquitted

AP State Station House Officer vs Dasari Sudha

18 Sep 2019

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

CALENDAR AND JUDGMENT

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

C.C.No. 78 of 2018

1. Date of ofence : 22.09.2017

2. Date of Complaint : 22.09.2017

3. Date of appearance of accused : 15.10.2018

4. Date of release of accused on bail : 23.09.2017

5. Date of commencement of trial : 05.09.2019

6. Date of closing of trial : 05.09.2019

7. Date of Judgment : 18.09.2019

8.Complainant:Prohibition & Excise Station, Parchur.

9.Accused:Dasari Sudha, W/o. Venkata Rao, Aged 35 years, R/o. Edubabdu Village, Parchur.

10. Ofence.:U/Sec. 34 (a) of A.P. Excise Act 1968

11. Plea of Accused : Not guilty.

12. Finding of court : Accused found not guilty.

13. Sentence or Order :In the result, this Court found the accused not guilty for the ofence punishable U/Sec. 34 (a) of A.P. Excise Act 1968, and she is acquitted U/Sec.248(1) of Cr.P.C. The bail bonds of accused and of her sureties shall remain in force for 6 (six) months from today as per Sec.437- A Cr.P.C. M.O.1 shall be destroyed after expiry of appeal time.

14.FINE AMOUNT: -------

Explanation for Delay: -

The case was taken on fle on 24.04.2018. The accused was appeared on 15.10.2018 and copies of documents were furnished to accused. On 07.08.2019 accused was examined under Sec.239 Cr.P.C for the ofence under Section 34(a) of A.P. Excise Act, 1968. The trial commenced on 05.09.2019 and PW1 was examined and Ex.P1 to Ex.P7 and M.O.1 is marked. Prosecution evidence is closed. After closure of prosecution evidence, the accused was examined

U/s.313 Cr.P.C on 05.09.2019 with incriminating material in the evidence of 2

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

prosecution, the accused denied and reported no defence evidence. Heard arguments on 05.09.2019 and Judgment pronounced on 18.09.2019. Hence, the delay.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Copy Submitted to: The Hon’ble I-Addl. District & Sessions Judge, Ongole. I-Addl. District & Sessions Judge, Ongole.

Copy to : The Superintendent of Police, Ongole.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

IN THE COURT OF THE JUDICIAL MAGISTRATE OF FIRST CLASS : PARCHUR

Present: Sri Mohd. Nazeer Ul Ain,

Judicial Magistrate of First Class, Parchur.

Wednesday, this the 18 th day of September, 2019

C.C.No. 78 of 2018

Between: Prohibition & Excise Station, Parchur. …Complainant Vs., Dasari Sudha, W/o. Venkata Rao, Aged 35 years, R/o. Edubadu Village, Parchur Mandal. …. Accused.

This case is coming on 05.09.2019 before me for fnal hearing in the presence of Assistant public prosecutor for complainant and of Sri G. Uma Sankar, Advocate for Accused, and after hearing both sides and on perusing the material on record, and the matter having stood over to this day for consideration, this Court delivered the following: - //J U D G M E N T //

1.The State, S.H.O., Prohibition & Excise Station, Parchur, fled charge sheet against the accused alleging that, on 22.09.2018, at about 12.30 PM., LW3- Ch. Srinivasulu, the then Prohibition & Excise Inspector,

Prohibition & Excise station, Parchur along with his staf detained the accused near road margin leads to Adusumalli from Edubadu Village of

Parchur Mandal, and questioned her about the bag in her possession.

She confessed that the bag is flled with liquor bottles. The Excise

Oficials tried to secure mediators, but invain. On that, the Sub Inspector decided to search the accused. He has opened the bag and found containing Old Admiral Special VSOP Brandhy 180 ml capacity bottles –

14. The Investigating Oficer has drawn a sample from those bottles and sealed the bag containing remaining bottles by afixing identity slips to the sample and the bag containing liquor bottles, under a cover of special report. He took the accused, contraband, sample and the special report 4

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

to the Prohibition & Excise Station, Parchur and registered the said report as Cr.No. 57/2017 under Sec. 34(a) of A.P. Excise Act. He forwarded the accused to this Court for judicial remand and the sample bottle to chemical analyst for opinion. He received analyst report in

Rc.No.891/2018 opining that the sample is containing alcohol and it is

Indian Liquor. The contraband was confscated under the proceedings of

Deputy Commissioner, Prohibition & Excise, Ongole. Later, he fled charge sheet against the accused.

2.The case was taken on fle against the accused for the ofence under Section 34(a) of A.P. Excise Act, 1968 and registered as

C.C.No.78/2018. On her appearance, copies of documents furnished to her as required under Section 207 Cr.P.C.

3.The accused was examined under Section 239 Cr.P.C for the ofence under Section 34 (a) of A.P. Excise Act, 1968 is read over and explained to her in Telugu for which she pleaded not guilty and claimed to be tried.

4.During the course of trial, the prosecution has examined

PW1 and got marked Ex.P1 to Ex.P7 documents and M.O.1.

5.After closure of prosecution evidence, the accused was examined U/s.313 Cr.P.C with incriminating material in the evidence of prosecution, the accused denied and reported no defence evidence.

6.Heard both sides.

7.Now the point that arises for determination is:-

Whether the prosecution proved its case beyond reasonable doubt that the accused was in possession of Indian made liquor bottles, more than the permissible capacity on 022.09.2017 at about 12.30 PM., when the Prohibition & Excise oficials searched her, which act is punishable under Sec. 34(a) of A.P. Excise Act, 1968?

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

POINT: -

8.Unfoldingthecaseoftheprosecution,the

LW3- Ch. Srinivasulu, the then Prohibition & Excise Inspector,

Prohibition & Excise Station, Parchur has deposed as PW1. He has reiterated the allegations in the charge sheet by deposing that since nobody came forward for arresting the accused and seizing Old Admiral

Special VSOP Brandhy 180 ml capacity bottles – 14. from the possession of the accused and so, under a cover of special report marked as Ex.P1, they separating a sample bottle (M.O.1) from the contraband for analyst report, and registered the FIR/Ex.P2 and has forwarded the sample bottle to analyst at Guntur and received Ex.P4 analyst report, Ex.P3 is the letter of advise. Ex.P5 Proceedings dated 11.04.2018. Ex.P6 is the mediators report and Ex.P7 is the challan dated 06.06.2018.

9. It is the specifc case of the prosecution that the accused was in possession of Old Admiral Special VSOP Brandhy 180 ml capacity bottles – 14. A careful perusal of notifcation issued under Sec. 14: it is specifcally notifed by the State Government, as to what is the maximum quantity of intoxicant, that a person can possess, without permit or licence. In G.O.Ms.No. 268, Revenue Department dated 01.04.1997 published in A.P. Gazette, Part II, Extraordinary No.96 dated 18.04.1977, by virtue of powers confer under Sub Sec. 1 of Section (14) of A.P. Excise

Act, 1968, the Governor of Andhra Pradesh specifed the maximum quantity intoxicants which a person may have in his possession at a time, without a permit or licence with efect from 18.04.1977. As per the said

G.O., a person can possess Indian Made Foreign Liquor six (6) quart bottles each 750 ml. Thus, it is abundantly clear that one can possess 6 quart bottles or its equivalent quantity. The accused, in the case on hand was caught by the Excise police when she was in possession of Old 6

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

Admiral Special VSOP Brandhy 180 ml capacity bottles – 14. Thus, the accused was in possession of the permissible quantity. In this way, it is abundantly clear that the accused possessed such quantity of liquor is not at all an ofence.

10. If at all, it is the case of the prosecution that the accused was selling the liquor bottles without permit or licence, no evidence was brought on record to prove as to where she was selling those bottles and to whom? No money was seized from her to establish that she was selling liquor bottles without licence.

Hence, the accused is entitled for the beneft of doubt which leads to her acquittal.

12.In the result, this Court found the accused not guilty for the ofence punishable U/Sec. 34 (a) of A.P. Excise Act 1968, and she is acquitted U/Sec.248(1) of Cr.P.C. The bail bonds of accused and of her sureties shall remain in force for 6 (six) months from today as per

Sec.437- A Cr.P.C. M.O.1 shall be destroyed after expiry of appeal time.

Dictated to the Personal Assistant, transcribed by her, corrected and

pronounced by me in the open court, on this the 18 th day of September,

2019.

(Sd/-Mohd.Nazeer Ul Ain)

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

APPENDIX OF EVIDENCE

WITNESSES EXAMINED

For Prosecution: For Defence:

PW.1: Ch. Srinivasulu, Prohibition & Excise Inspector -- None –

DOCUMENTS MARKED

For prosecution:

Ex.P1:Special report Ex.P2:FIR Ex.P3:Letter of advise Ex.P4:Analysis report Ex.P5:Proceedings in Rc.No.34/2018/A2 dated 11.04.2018 Ex.P6:Mediators Report dated 06.06.2018 Ex.P7:Challan dated 06.06.2018.

For defence: NIL

Material Objects:

M.O.1:Sample bottle (Sd/-Mohd.Nazeer Ul Ain) J.M.F.C., Parchur.

//TRUE COPY//

Judicial Magistrate of First Class,

Parchur.

Judicial Magistrate of First Class, Parchur // C.C.No. 78 of 2018 //

Order Record 1,401 total

Case No.	Parties	Date	Type	Outcome
CC/78/2018	AP State Station House Officer vs Dasari Sudha	18 Sep 2019	Judgment	Acquitted
CC/15/2019	Station House Officer, Prohibition and Excise Station, Parchur vs Palathoti Chinnabbai	17 Sep 2019	Judgment	Acquitted
CC/55/2019	Station House Officer, Prohibition and Excise Station, Parchur vs Suvarnaganti Venkata Ramanjaneyulu	16 Sep 2019	Judgment	Acquitted
EP/14/2018	Kankata Koteswararao vs Yarram Subbareddy	14 Sep 2019	Order	—
EP/15/2018	Vallabhareddy Srinivasa Reddy vs Yarram Subba Reddy	14 Sep 2019	Order	—
EP/16/2018	Vanukuri Seetharamareddy vs Yarram Subba Reddy	14 Sep 2019	Order	—
EP/17/2018	Kunchala Yedukondalu vs Yarram Subbareddy	14 Sep 2019	Order	—
EP/18/2018	Manukonda Srinivasa Reddy vs Yarram Subba Reddy	14 Sep 2019	Order	—
EP/19/2018	Vanukuri Srinivasa Reddy vs Yarram Subbareddy	14 Sep 2019	Order	—
EP/20/2018	Vanukuri Papi Reddy vs Yarram Subbareddy	14 Sep 2019	Order	—
EP/23/2018	Bolla Soury Reddy vs Yarram Subba Reddy	14 Sep 2019	Order	—
EP/24/2018	Vattikunta Poli Reddy vs Yarram Subbareddy	14 Sep 2019	Order	—
EP/26/2017	Nuthalapati Nageswara Rao vs Kommalapati Ravi Kuma alias Ravibabu (Died)	14 Sep 2019	Order	—
EP/39/2018	Kankata Koteswara Rao vs Yarram Subba Reddy	14 Sep 2019	Order	—
EP/40/2018	Vanukuri Seetharama Reddy vs Yarram Subba Reddy	14 Sep 2019	Order	—
OS/17/2016	Addagadda Sambasiva Rao vs Kamma Venkata Rao	14 Sep 2019	Judgment	—
OS/81/2019	Yadla Chinnaiah vs Nallagorla Venkata Rao	14 Sep 2019	Judgment	—
OS/113/2017	Gobhidesi Punnaiah vs Gorantla Atchaiah	14 Sep 2019	Judgment	—
CC/64/2019	State Sub Inspector of Police, Yaddanapudi P.S., vs Shaik John Saida	14 Sep 2019	Judgment	—
CC/65/2019	State Sub-Inspector of Police, Yaddanapudi P.S., vs Shaik Khaja Vali	14 Sep 2019	Judgment	—
CC/104/2016	State Sub Inspector of Police Inkollu P.s vs Koya Sathish	14 Sep 2019	Judgment	—
CC/135/2019	State Sub-Inspector of Police, Parchur P.S., vs Yerrakula Nagaraju	14 Sep 2019	Judgment	—
CC/139/2017	State Sub Inspector of Police, Yaddanapudi PS vs Katteboina Krishna	14 Sep 2019	Judgment	—
CC/144/2019	State Sub-Inspector of Police, Parchur P.S., vs Molabanti Vijaya Babu	14 Sep 2019	Judgment	—
CC/155/2019	State Sub Inspector of Police, Parchur P.S., vs Mulla Subhani	14 Sep 2019	Judgment	—
CC/159/2016	state sub-Inspector of police,parchur p.s vs Vstellamekal Phani kumar	14 Sep 2019	Judgment	—
CC/165/2019	Kandi Bulli Reddy vs Chintapalli Banett Prasad	14 Sep 2019	Judgment	—
CC/175/2017	State Sub Inspector of Police Inkollu PS vs Yejarla Sudhkar	14 Sep 2019	Judgment	—
CC/184/2019	Sub-Inspector of Police, Karamchedu P.S., vs Kota Chitti Babu	14 Sep 2019	Judgment	—
CC/192/2018	A.P.State Sub-Inspector of Police, Yaddanapudi P.S., vs Kamineni Srinu alias Srinivasa Rao	14 Sep 2019	Judgment	—
CC/197/2019	Sub-Inspector of Police, Parchur P.S., vs Kunchapu Yebulu	14 Sep 2019	Judgment	—
CC/202/2019	State Sub-Inspector of Police, Inkollu P.S., vs Kolla Naga Raju	14 Sep 2019	Judgment	—
CC/210/2019	Sub-Inspector of Police, Inkollu P.S., vs Muddana Babu Rao	14 Sep 2019	Judgment	—
CC/221/2019	State Sub-Inspector of Police, Karamchedu P.S., vs Kalli Prasad Babu	14 Sep 2019	Judgment	—
CC/224/2019	State Sub-Inspector of Police, Yaddanapudi P.S., vs Muthyala Rama Devi	14 Sep 2019	Judgment	—
CC/225/2019	State Sub-Inspector of Police, Yaddanapudi P.S., vs Muthyala Sankara Rao	14 Sep 2019	Judgment	—
CC/228/2018	A.P.State Sub Inspector of Police, Yaddanapudi P.S., vs Bhavanam Seetha Ravamma	14 Sep 2019	Judgment	—
CC/229/2018	AP State Sub-Inspector of Police, Yaddanapudi P.S., vs Cherukuri Lakshmi Kanthamma	14 Sep 2019	Judgment	—
CC/231/2019	State Sub-Inspector of Police, Parchur P.S., vs Mindala Naga Raju	14 Sep 2019	Judgment	—
CC/232/2019	State Sub-Inspector of Police, Parchur P.S., vs SK. Nagoor Vali - A Party	14 Sep 2019	Judgment	—
CC/237/2019	State Sub-Inspector of Police, Karamchedu P.S., vs Kummari Annamma	14 Sep 2019	Judgment	—
CC/238/2019	State Sub-Inspector of Police, Karamchedu P.S., vs Kummari Hebsiba	14 Sep 2019	Judgment	—
CC/240/2019	State Sub Inspector of Police, Parchur P.S., vs Shaik Jilani A-1	14 Sep 2019	Judgment	—
CC/244/2019	State Sub-Inspector of Police, Inkollu P.S., vs Malathoti Yesobu	14 Sep 2019	Judgment	—
CC/247/2019	State Sub-Inspector of Police, Parchur P.S., vs Dasari Lazar	14 Sep 2019	Judgment	—
CC/251/2019	State Sub-Inspector of Police, Inkollu P.S., vs Bhowtula Yesobu	14 Sep 2019	Judgment	—
CC/252/2019	State Sub-Inspector of Police, Inkollu P.S., vs Vallepu Manikanta A-1	14 Sep 2019	Judgment	—
CC/253/2019	State Sub-Inspector of Police, Inkollu P.S., vs Nukathoti Narasimha Rao alias Chinna	14 Sep 2019	Judgment	—
CC/255/2019	State Sub-Inspector of Police, Inkollu P.S., vs Pallapu Venkateswarlu	14 Sep 2019	Judgment	—
CC/262/2019	State Sub-Inspector of Police, Parchur P.S., vs Bojja Sivaiah alias Siva	14 Sep 2019	Judgment	—
CC/263/2019	Sub-Inspector of Police, Parchur P.S., vs Tatikonda Lakshman Rao	14 Sep 2019	Judgment	—
MC/5/2019	Meduri Naga Jyothi vs Meduri Srinivasa Chari alias Srinivasulu	14 Sep 2019	Order	—
CC/22/2019	Station House Officer, Prohibition and Excise Station, Parchur vs Gade Sivaiah	13 Sep 2019	Judgment	—
PRC/4/2019	State Sub-Inspector of Police, Karamchedu P.S., vs Shaik Mabu Subhani	13 Sep 2019	Order	—
PRC/7/2019	Sub-Inspector of Police, Parchur P.S., vs Yerrakula Gopi alias Kukkala Gopi	13 Sep 2019	Order	—
CC/19/2019	Station House Officer, Prohibition and Excise Station, Parchur vs P. Suvartha	12 Sep 2019	Judgment	—
CC/245/2019	State Sub-Inspector of Police, Karamchedu P.S., vs Sk. Baji	12 Sep 2019	Judgment	—
CC/16/2019	Station House Officer, Prohibition and Excise Station, Parchur vs Buruga Bodemma	11 Sep 2019	Judgment	—
CC/182/2018	Nagubadi Phaneendra Babu vs Sunil Tiwari, State Distributor, BTW India Private Limited	11 Sep 2019	Judgment	—
EP/28/2016	Chittineni Anantha Lakshmi vs Maddarapu Srihari	06 Sep 2019	Order	—
OS/35/2012	Yarram Mastan reddy vs Smt.Yarram Sambrajyam	06 Sep 2019	Judgment	—
CC/145/2016	Station House Officer,Prohibition and Excise . vs Kothapalli Ramarao	06 Sep 2019	Judgment	—
STC/2/2019	SHO I Town P.S., Ongole, Prakasasm District. vs Shaik Mastan	06 Sep 2019	Judgment	—
CC/172/2016	State sub-inspector of police,Inkollu p.s vs Inaganti suresh	05 Sep 2019	Judgment	—
OS/93/2019	Kolli Subba Rao vs Pinnaka Singaiah	04 Sep 2019	Judgment	—
CC/128/2016	State Sub Inspector of Police Karachedu PS vs Chitta Raja Ramesh Reddy	04 Sep 2019	Judgment	—
CC/130/2016	Sub-Inspector of Police, Inkollu P.S vs Boddu Venkatrayudu alias Venkata Rayudu	04 Sep 2019	Judgment	—
EP/31/2018	Kari Satyanarayana Rao vs Nukathoti Nageswara Rao	03 Sep 2019	Order	—
EP/21/2018	Minchala Anjaneyulu vs Idadala Srinivasa Rao	30 Aug 2019	Order	—
OS/103/2017	Daggubati Srinivasa Rao vs Motani Dayamma	30 Aug 2019	Judgment	—
OS/118/2017	Yarlagadda Usharani vs Motani Dayamma	30 Aug 2019	Judgment	—
OS/157/2004	Nerella Pandu Ranga Rao vs Cheemakurthi Lakshmi Narayana	30 Aug 2019	Judgment	—
CC/6/2016	Sub-Inspector of Police, Inkollu P.S. vs Rallapalli Naveen	30 Aug 2019	Judgment	—
EP/14/2013	Duddu Rathaiah vs Vankayalapadu Daveedu Babu	29 Aug 2019	Order	—
OS/51/2017	Yendluri Joshi Babu vs Chintapalli Prasada Rao	29 Aug 2019	Judgment	—
CC/151/2019	Sub Inspector of Police, Inkollu P.S., vs Keelam Venkateswarlu	29 Aug 2019	Judgment	—
CC/200/2016	state sub-Inspector of police,karaamchedu p.s vs Vschalla Naagireddy	29 Aug 2019	Judgment	—
PRC/5/2019	Inspector of Police, Chirala Rural Circle vs Boda Srinivasas Rao	29 Aug 2019	Order	—
STC/3/2017	Supervisor K.Ramesh Babu Agricultural Market Committee, Parchur. vs Sai Kiran Cotton Traders Ponnam Ramana rao	29 Aug 2019	Judgment	—
OS/87/2017	Popuri Subba Rao vs Shaik Bashir	28 Aug 2019	Judgment	—
OS/88/2017	Bathineni Sridhar vs Shaik Bashir	28 Aug 2019	Judgment	—
CC/158/2016	state sub-Inspector of police,parchur p.s vs Vsapppalaneni praveena	28 Aug 2019	Judgment	—
EP/21/2019	Jetty Pushpavathi (Died) vs Ramineni Vasantha Kumari alias Vasantha	27 Aug 2019	Order	—
CC/88/2016	State sub Inspector of Polic. vs Bhavanam Kiran pratap reddy	27 Aug 2019	Judgment	—
CC/180/2017	Kari Satyanarayana Rao vs Maguluri Veeranjaneyulu	27 Aug 2019	Judgment	—
EP/32/2016	Badugu Danaiah - died vs Edara Eeremiah - Jeremiah	26 Aug 2019	Order	—
OS/10/2012	Pidaparthy Koti Reddy vs Karumudi Subba Reddy	26 Aug 2019	Judgment	—
FDP/526/2012	Nalluri Subbayamma vs Myneni Syamala	26 Aug 2019	Judgment	—
OS/27/2017	Gorantla Srinivasa Rao vs Gaddam Srinivasa Rao	24 Aug 2019	Judgment	—
EP/4/2018	Tanuboddi Ramireddy vs Gadde Koteswara Rao	22 Aug 2019	Order	—
CC/118/2017	The State Station House officer, Prohibition an Excise Station Addanki vs Kondapalli Venkata Narayana	22 Aug 2019	Judgment	—
CC/132/2016	Sub-Inspector of Police, Yaddanapudi P.S. vs Shaik Baji	22 Aug 2019	Judgment	—
FDP/417/2016	Prathipati Srikanth vs Prathipati Hanumaiah Babu	22 Aug 2019	Order	—
MC/2/2018	Jetty Radhika vs Jetty Srimannarayana	21 Aug 2019	Order	—
PRC/6/2019	State Sub-Inspector of Police, Parchur P.S., vs Angirekula Gopi	21 Aug 2019	Order	—
CC/123/2016	State Sub Inspector of Police Karamchedu PS vs Daggubati Pedda Masthan Rao alias Pedda Masthan	20 Aug 2019	Judgment	—
FDP/146/2019	Munnangi Sarojini vs Tanuboddi Nagarathamma	20 Aug 2019	Order	—
EP/7/2019	Govada Sreenivasa Rao vs Nali China Venkateswarlu (Died) Nali Venkatramaiah	19 Aug 2019	Order	—
CC/34/2019	Minchala Anjaneyulu vs Nali Venkate Raghava raju	19 Aug 2019	Judgment	—
CC/83/2019	The Station House Officer, Prohibition and Excise Station, Addanki vs Shaik Anjaneyulu	09 Aug 2019	Judgment	—

Showing 100 of 1,401 orders — Log in to browse all pages.

Monthly Orders (Last 12 Months)

Sep 2019		68
Aug 2019		61
Jul 2019		98
Jun 2019		32
May 2019		37
Apr 2019		19
Mar 2019		63
Feb 2019		27
Jan 2019		35
Dec 2018		78
Nov 2018		41
Oct 2018		42

Frequently Asked Questions

How many cases has Mohd.Nazeer Ul Ain handled?

Mohd.Nazeer Ul Ain has handled 1447 court orders since 2017 at Senior Civil Judge, Parchur (Taluka). The average disposal rate is 51 orders per month.

What types of cases does Mohd.Nazeer Ul Ain hear?

Based on available records, Mohd.Nazeer Ul Ain primarily handles Criminal matters (Criminal Cases) and Civil matters (Original Suits, Execution Petitions) at Senior Civil Judge, Parchur (Taluka).

Where is Mohd.Nazeer Ul Ain currently posted?

Mohd.Nazeer Ul Ain is posted as Junior Civil Judge, Parchur at Senior Civil Judge, Parchur (Taluka), Prakasham, Andhra Pradesh.

Are judgments by Mohd.Nazeer Ul Ain available online?

Yes. 3 judgments by Mohd.Nazeer Ul Ain are available on Legistro with full text, outcome, and sections cited.

How fast does Mohd.Nazeer Ul Ain dispose cases?

Mohd.Nazeer Ul Ain disposes approximately 51 cases per month, based on 1447 orders handled over their tenure at Senior Civil Judge, Parchur (Taluka).

Since when is Mohd.Nazeer Ul Ain serving?

Mohd.Nazeer Ul Ain has been serving at Senior Civil Judge, Parchur (Taluka) since 2017.

Case Types

CC 47%

OS 31%

EP 12%

MC 5%

PRC 3%

DVC 1%

STC 1%

A 0%

Posting History

May 2017 — Sep 2019

Junior Civil Judge, Parchur · 1,447 orders

Outcomes on Record

Acquitted 3

Other Judges at this Court

Ms. K.Prasanthi

Senior Civil Judge, Parchur

464 orders

Smt. I.Swathi

Junior Civil Judge, Parchur

0 orders

← View all judges at Senior Civil Judge, Parchur (Taluka)