P.Shiyaz Khan

Addl.Junior Civil Judge, Markapur

VI Addl District Court, Markapur · Prakasham · Andhra Pradesh

P.Shiyaz Khan, Addl.Junior Civil Judge, Markapur, is posted at VI Addl District Court, Markapur, Prakasham, Andhra Pradesh, India. 2,574 court orders on record since 2017. 5 judgments with full text available. Primarily handles CC, CRLMP, MC cases.

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CC/79/2020 Acquitted

SHO, Prohibition and Excise, Markapur vs Vipparla Raj Sekhar

19 May 2020

Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

CALENDAR AND JUDGMENT

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Calendar Case No.79 of 2020 In P.R.No.28 of 2019 of Markapur Excise Police Station

1)Offence : 14.03.2019

2)Complaint : 14.03.2019

3)Apprehensionof: 14.03.2019 Accused

4)Commencementof: 25.02.2020 Trial

5)Close of Trial: 24.03.2020

6)Judgment: 19.05.2020

7)Complainant: The State: Rep.by Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.

8)Name of the Accused:Vipparla Raja Sekhar S/o.Rajulaiah, 39 Years, Kamma by caste, R/o.Birudulanarava Village,MarkapurMandal,Cell No.8790948996.

9)Offence:U/Sec.34(A) of AP Excise Act.

10) Plea of Accused:NOT GUILTY

11) Finding:NOT GUILTY

12) Result: In the result, the Accused is found not guilty for charge under section 34(A) of

Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under

Section of 34(A) of Andhra Pradesh Excise

Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of The Code Of Criminal Procedure.

The MO.1 and MO.2 non-valuable sample bottles shall be destroyed after appeal time is over. The Accused has undergone remand from 15.03.2019 to

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

19.03.2019. Accused is set at liberty.

13) Explanation for delay:The case was taken on file on 25.01.2020

Trial commenced on 25.02.2020 and closed on 24.03.2020 and the Judgment was

pronounced on 19.05.2020. Hence, the

delay.

Sd/P.Shiyaz Khan, I Addl. Judicial Magistrate of First Class,

MARKAPUR

Copy submitted to:

The Hon’ble I Addl. District and Sessions Judge, Prakasam District, Ongole.

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Present:- Mr. PATTAN SHIYAZ KHAN I Addl. Judicial Magistrate of First Class, Markapur

Tuesday, this the 19th day of May, 2020.

Calendar Case No.79 of 2020 Between:

The State, Represented by: Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.…Complainant.

AND

Vipparla Raja Sekhar S/o.Rajulaiah, 39 Years, Kamma by caste, R/o.Birudulanarava Village, Markapur Mandal, Cell No.8790948996.… Accused.

Present:

For Complainant : Kum. B.V.Lakshmi Kumari Sr. A.P.P

For Accused :Mr.M.Sri Rami Reddy, Advocate.

J U D G E M E N T

FACTS OF THE CASE:

01.)The Complainant submitted the Report under Sec.173 of Code of

Criminal Procedure seeking prosecution of accused for the offence under

Sec.34(A) of Andhra Pradesh Excise Act 1968:

Contents of the Report:

02.)On 14.03.2019 during the raid conducted by Sk.Shanwaz, P&E Sub

Inspector (LW4) along with S.Rama Chandra, P&E Constable (LW1),

D.Venkata Rao, P&E Constable (LW2), M.V.Koteswara Rao, P&E Head

Constable (LW3) at Poola Subbaiah Velugonda Project Entrance Arch Gate they found one person having white polythene cover, on suspicion LW4 enquired about his address particulars and contents of polythene cover, then he disclosed identity particulars and the polythene cover contains liquor bottles, then LW4 sent LW3 to secure the mediators, after sometime LW3

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

returned and informed to LW4 that no VAO and VRO available and no one came forward to act as mediators, on that LW4 decided to prepare Spl.Report and asked the accused about the sources of liquor bottles and whether there are any bills or license related to these bottles, then accused replied that he purchased the same from unknown person and kept quiet without giving any proper reply regarding license, then LW4 opened the polythene cover and found 6 DK Double Kick Fine Whiskey each bottle 180 ml capacity, 6 bottles of ever shine superior grain whiskey each 180 Ml; that then LW4 verified the bottles and found EAL numbers are tampered and adhesive labels on the caps for sale in A.P.only as those are identified duty paid liquor, and drew one 180

ML bottle of DK Double Kick Fine Whiskey for the purpose of chemical analysis, sealed, labeled, arrested the accused, seized the case property under cover of Spl.Report. returned to police station and handed ver the accused and seized property, Spl.Report etc., to D.Prabhudas, P&E Sub

Inspector (LW5) who inturn registered the Spl.Report as PR.28/2019 under

Sec.34(A) of A.P.Excise Act and produced the accused before the Hon’ble court for remand on 15.3.2019; that later D.Srinivasa Rao, P&E Inspector (LW6) sent the sample to the Director, Excise Laboratory for analysis through the

Court with letter of advice and also sent the confiscation proposals, later

A.Radha Krishna Murthy, P&E Inspector (LW7) received analysis report and after completion of investigation he submitted the report as per Sec.173 of

Code of Criminal Procedure.

Procedure followed under the Code of Criminal Procedure, 1973:

3.)Basing on the said report, this court took cognizance for the offence under Sec.34(A) of A.P.Excise Act against the accused as contemplated under

Sec.190(1)(b) of Code of Criminal Procedure.

4.)On appearance of accused, copies of case documents were supplied to him as contemplated under section 207 of Cr.P.C., he was

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

examined under Sec.239 of Code of Criminal Procedure, under Sec.240 of

Code of Criminal Procedure charge for the offence punishable under section 34(A) of Andhra Pradesh Excise Act 1968 was framed against him, read over and explained to him in Vernacular Language and when questioned he pleaded not guilty of the charge and claimed to be tried.

5.)To prove the charges, the Prosecution examined PW1 to PW5 and marked Ex.P1 to Ex.P7 and MO.1, MO.2. On the closure of prosecution side evidence, Accused was examined under Section 313 of Code of

Criminal Procedure and on explaining the incriminating material available against him for which he denied the same and pleaded innocence. For defence no witness was examined and no documents were marked.

6.)Argument of both sides heard.

POINT FOR DETERMINATION:

7.)Now, the point for determination is whether accused has committed an offence under Sec.34(A) of A.P.Excise Act and whether the Prosecution was able to prove the guilt of the Accused of the charge under section 34(A) of Andhra Pradesh Excise Act, 1968, beyond reasonable doubt?

DISCUSSION:

8.)It is the case of prosecution that the Accused was in illegal possession of liquor bottles without any valid license. Charge for the offence punishable under section 34(A) of of Andhra Pradesh Excise Act is framed against the Accused. The defence of the Accused is that he did not commit the offence and he is innocent. To prove the case against the

Accused prosecution examined PW1 to PW5 and get marked Ex.P1 to

Ex.P7 and MO.1, MO.2.

9.)Regarding the commission of offence, evidence of PW1 to PW5 remains for consideration. PW1 deposed that on 14.3.2019 at about 8:00 PM as per the instructions of Assistant Commissioner Excise, Enforcement, Ongole, he

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

along with LW1, LW2 and LW4 were went in a jeep for conducting patrolling for detection of excise offenses, they reached near pulasubbaiah velugonda project gate at about 8:30 pm, there they found one male person with white plastic cover; that they noticed him and LW4 inquired him about the contents of the cover on suspicion, then he stated that it contains liquor bottles, Then

LW3 sent him to Vemulakota village for secure mediators, as VRO or VRA are not available in the village he returned and informed the same to LW4; that then LW4 decided to prepare special report, opened the bag and found 6 liquor bottles of double kick fine whiskey and 6 bottles of ever shine superior grain whiskey each 180 Ml alongwith H.F.Deluxe Motorbike; that he also found EAL numbers were toned out, observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then

LW4 questioned him about the license. He replied that he has no license.

Then he disclosed his name and particulars as Vipparla Rajasekhar s/o

Rajulaiah R/o Birudula Narava village of Markapur mandal, then LW4 lifted two bottle as sample from each variety for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with signatures of accused and LW4. LW4 seized the property and motorbike from the possession of accused and after explaining the grounds of arrest of accused, LW4 arrested the accused under the cover of special report. He prepared special report and also signed on the special report. PW2 deposed that on 14.3.2019 at about 8:00 PM as per the instructions of Assistant

Commissioner Excise, Enforcement, Ongole, he along with PW1,LW1, LW2 were went in a jeep for conducting patrolling for detection of excise offenses, when they reached near pulasubbaiah velugonda project gate at about 8:30 pm, there they found one male person with white plastic cover, they noticed him and he inquired him about the contents of the cover on suspicion, then he stated that it contains liquor bottles, on that he sent PW1 to Vemulakota

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

village for secure mediators, as VRO or VRA are not available in the village

PW1 returned and informed the same to him, then he decided to prepare special report, opened the bag and found 6 liquor bottles of double kick fine whiskey and 6 bottles of ever shine superior grain whiskey each 180 Ml along with H.F deluxe motorbike; that he found EAL numbers were toned out, observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then he questioned him about the license, on that he replied that he has no license, then he disclosed his name and particulars as Vipparla Rajasekhar s/o Rajulaiah R/o Birudula Narava village of Markapur mandal, on that he lifted two bottle as sample from each variety for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with his signatures and signatures of accused, he seized the property and motorbike from the possession of accused and after explaining the grounds of arrest of accused, he arrested the accused under the cover of special report. He prepared special report under Ex.P1, later he handed over the seized property along with the accused to the sentry of P & E Station, Markapur. PW3 deposed that on 15.3.2019 he received case file from LW5 and he forwarded the Mo.1 and 2 with letter of advise through the Hon’ble court to RFSL, Guntur for analysis report. On 10.6.2019 he received Analysis report. He sent proposals to confiscation of property to the deputy commissioner of P & Excise Ongole. On 20.8.2019 he received proceedings of the Deputy commissioner of P & E

Ongole vide RC.no.57/2016/A4 dated 19.8.2019. Later he handed over the

CD file to LW7. PW4 deposed that on 15.3.2019 he received Ex.P1, MO.1, accused from PW2, he registered Ex.P1 as PR No.28/2019 under Sec.34(A) of

AP Excise Act and submitted the original PR to this Court and its copies to concerned authorities. He produced the accused before the court for remand.

PW5 deposed that on 4.9.2019 he conducted public auction and confiscated

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

the seized property, later he concluded investigation and filed charge sheet.

This part of evidence was not shattered in any manner in cross examination.

REASONS:

10.)Section 100(4) of The Code Of Criminal Procedure contemplates “before making a search under this chapter, the officer or other person about to make it shall call upon two or more independent and respectable inhabitants of the locality in which the place to be searched is situated or of any other locality if no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. The evidence of PW1 and PW2 reveals that they have not made any attempts to secure respectable inhabitants of the locality where the Accused was caught. Hence, PW1 and PW2 violated the mandatory provisions of section 100(4) of The Code Of Criminal Procedure.

Coming to the confession made by the Accused, the confession made before a

Police Officer is inadmissible as per Section 25 of Indian Evidence Act and this is not the case where the property was seized in pursuance of confession so that the confession made by the Accused may be considered as per Section 27 of Indian Evidence Act.

11.)Coming to the seizure and sending the sample for chemical analysis, it is the evidence of PW1 and PW2 that the sample was seized by them on 14.3.2019 whereas it was received by the Government Chemical Examiner of

Prohibition & Excise Regional Prohibition & Excise Laboratory, Guntur on 20.05.2019 and there is abnormal delay in forwarding the sample to the chemical examiner and that this delay in sending sample is fatal to the case of the Prosecution. No doubt, as per Rule 24 of A.P. Excise (Arrack and Toddy

License General Conditions) Rules, 1969, the samples shall be sent to the

Court with a requisition to send one of the sample expeditiously to the chemical examiner. Hence, the delay is fatal to the case of the prosecution.

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

CONCLUSION:

12.)In these circumstances, it is quite unsafe to place reliance on the testimony of PW1 to PW5. For the aforementioned reasons, this Court holds that the Prosecution failed to establish the guilt of the Accused of the charge under section 34(A) of Andhra Pradesh Excise Act 1968 beyond reasonable doubt.

RESULT:

In the result, the Accused is found not guilty for charge under section 34(A) of Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under Section of 34(A) of Andhra

Pradesh Excise Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of

The Code Of Criminal Procedure. The MO.1 and MO.2 non-valuable sample bottles shall be destroyed after appeal time is over. The Accused has undergone remand from 15.03.2019 to 19.03.2019. Accused is set at liberty.

Typed on dictation by Stenographer on computer with dual Monitor, corrected and pronounced by me in the Open Court on this the 19th day of May, 2020. Sd/P.Shiyaz Khan, I Addl.Judicial Magistrate of First Class, Markapur.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Prosecution side Defence side PW1:M.V.Koteswara Rao P&E Head Constable NONE PW2:Sk.Shanwaz, Proh & Excise Inspector. PW3: D.Srinivasa Rao, P&E Inspector. PW4: D.Prabhudas, P&E Sub Inspector. PW5: A.Radha Krishna Murthy, P&E Inspector.

EXHIBITS MARKED FOR

Prosecution Defence Side Ex.P1: Spl.Report NIL Ex.P2: Letter of Advise Ex.P3: Analysis Report

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Calendar Case.No.79 of 2020 I A.J.M.F.C.,MARKAPUR.

Ex.P4: Auction Proceedings Ex.P5: FIR Ex.P6: Confiscation Proceedings Ex.P7: Challan

MATERIAL OBJECTS

For petitioner: For Accused:

MO.1: Sample bottle of ...NIL…. Evershine Superior grain Whiskey bottle.

MO.2: Sample bottle of DK Double Kick Fine Whiskey 180 ml bottle.

Sd/P.Shiyaz Khan, Ist Addl. Judicial Magistrate Of First Class Markapur

Copy submitted to

1) The First Additional District & Sessions Judge, Ongole

2) The Superintendent Of Police, Ongole, Prakasam District.

3) The Assistant Public Prosecutor.

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CC/78/2020 Acquitted

SHO, Prohibition and Excise, Markapur vs Mendraguthi Anji

19 May 2020

Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR.

CALENDAR AND JUDGMENT

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Calendar Case No. 78 of 2020 In P.R.No.31 of 2019 of Markapur Excise Police Station

1)Offence : 18.03.2019

2)Complaint : 18.03.2019

3)Apprehensionof: 18.03.2019 Accused

4)Commencementof: 11.02.2020 Trial

5)Close of Trial: 24.03.2020

6)Judgment: 19.05.2020

7)Complainant: The State: Rep.by Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.

8)Name of the Accused:Mendraguthi Anji S/o.Yerraiah, 30 Years, Yerukula by caste, Nadigadda Village, Thripuranthakam Mandal.

9)Offence:U/Sec.34(A) of AP Excise Act.

10) Plea of Accused:NOT GUILTY

11) Finding:NOT GUILTY

12) Result: In the result, the Accused is found not guilty for charge under section 34(A) of

Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under

Section of 34(A) of Andhra Pradesh Excise

Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of The Code Of Criminal Procedure.

The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over.

The Accused has undergone remand from 19.03.2019 to 22.3.2019. Accused is set at liberty.

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR.

13) Explanation for delay:The case was taken on file on 25.01.2020

Trial commenced on 11.02.2020 and closed on 24.03.2020 and the Judgment was

pronounced on 19.05.2020. Hence, the

delay.

Sd/P.Shiyaz Khan, I Addl. Judicial Magistrate of First Class,

MARKAPUR

Copy submitted to:

The Hon’ble I Addl. District and Sessions Judge, Prakasam District, Ongole.

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR.

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Present:- Mr. PATTAN SHIYAZ KHAN I Addl. Judicial Magistrate of First Class, Markapur

Tuesday, this the 19th day of May, 2020.

Calendar Case No.78 of 2020 Between:

The State, Represented by: Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.…Complainant.

AND

Mendraguthi Anji S/o.Yerraiah, 30 Years, Yerukula by caste, Nadigadda Village, Thripuranthakam Mandal.… Accused.

Present:

For Complainant : Kum. B.V.Lakshmi Kumari Sr. A.P.P

For Accused :Mr.S.Prasada Rao, Advocate.

J U D G E M E N T

FACTS OF THE CASE:

01.)The Complainant submitted the Report under Sec.173 of Code of

Criminal Procedure seeking prosecution of accused for the offence under

Sec.34(A) of Andhra Pradesh Excise Act 1968:

Contents of the Report:

02.)On 18.03.2019 during the raid conducted by K.Ramesh, P&E Sub

Inspector (LW3), D.Narayana Reddy, P&E Constable (LW1) and

D.Venkateswarlu, P&E Constable (LW2) in the presence of B.Venkateswarlu,

P&E Inspector (LW4) and when they reached near the outskirts of Bodireddy

Palli Village, Markapur Mandal they found one person having white polythene bag, on suspicion LW3 enquired about his address particulars and contents of polythene bag, then he disclosed identity particulars and the polythene bag contains liquor bottles, then LW3 sent LW1 to secure the mediators, after sometime LW1 returned and informed to LW3 that no VAO and VRO

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. available and no one came forward to act as mediators, on that LW3 decided to prepare Spl.Report and asked the accused about the sources of liquor bottles and whether there are any bills or license related to these bottles, then accused kept quiet whthout giving any proper reply about the license and stated that he purchased the bottles from unknown person with low rates in order to sell them for higher prices, then LW3 opened the polythene cover and found 48 Ever Shine Superior Fine Whiskey 180 ml capacity each; that then LW3 verified the bottles and found EAL numbers are tampered and adhesive labels on the caps for sale in A.P.only as those are identified duty paid liquor, and drew one 180 ml bottle of Ever Shine Superior Fine Whiskey for the purpose of chemical analysis, sealed, labeled, arrested the accused, seized the case property, HF Deluxe Motorcycle under cover of Spl.Report, returned to police station and handed over to M.Ravi Kumar, P&E Sub

Inspector (LW5) who registered the Spl.Report as PR.31/2019 under Sec.34(A) of A.P.Excise Act and produced the accused before the Hon’ble court for remand on 19.3.2019; that later D.Srinivasa Rao, P&E Inspector (LW6) sent the sample to the Director, Excise Laboratory for analysis, he also sent the confiscation proposals, later A.Radha Krishna Murthy, P&E Inspector (LW7) received analysis report and after completion of investigation he submitted the report as per Sec.173 of Code of Criminal Procedure.

Procedure followed under the Code of Criminal Procedure, 1973:

3.)Basing on the said report, this court took cognizance for the offence under Sec.34(A) of A.P.Excise Act against the accused as contemplated under

Sec.190(1)(b) of Code of Criminal Procedure.

4.)On appearance of accused, copies of case documents were supplied to him as contemplated under section 207 of Cr.P.C., he was examined under Sec.239 of Code of Criminal Procedure, under Sec.240 of

Code of Criminal Procedure charge for the offence punishable under section

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. 34(A) of Andhra Pradesh Excise Act 1968 was framed against him, read over and explained to him in Vernacular Language and when questioned he pleaded not guilty of the charge and claimed to be tried.

5.)To prove the charges, the Prosecution examined PW1 to PW5 and marked Ex.P1 to Ex. P7 and MO.1. On the closure of prosecution side evidence, Accused was examined under Section 313 of Code of

6.)Argument of both sides heard.

POINT FOR DETERMINATION:

DISCUSSION:

Accused prosecution examined PW1 to PW5 and get marked Ex.P1 to

Ex.P7 and MO.1.

9.)Regarding the commission of offence, evidence of PW1 to PW5 remains for consideration. PW1 deposed that on 18.3.2019 at about 2:00 PM as per the instructions of Assistant Commissioner Excise, Enforcement, Ongole, he along with LW2 to LW4 were went in a jeep for conducting patrolling for detection of excise offenses and when they reached near Hanuman junction at

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. about 4:30 pm., they found one male person on a motorbike with white plastic bag, on noticing him, LW3 inquired him about the contents of the bag on suspicion, then he stated that it contains liquor bottles, then LW3 sent him to Bodireddypalli village to secure mediators, as VRO or VRA are not available in the village he returned and informed the same to LW3, then LW3 decided to prepare special report, opened the bag and found 48 liquor bottles of Ever Shine Superior Grain Whiskey each 180 Ml along with H.F.Deluxe

Motorbike, he also found the EAL numbers were toned out, observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then LW3 questioned him about the license, on that he replied that he has no license and disclosed his name and particulars as

Mendraguthi Anji s/o Yerraiah R/o Nadigadda village of Tripuranthakam mandal, then LW3 lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with his signatures and signatures of accused, seized the property and motorbike from the possession of accused and after explaining the grounds of arrest of accused, LW3 arrested the accused under the cover of special report.

LW2 prepared special report. He also signed on the special report. PW2 deposed that on 18.3.2019 at about 2:00 PM as per the instructions of

Assistant Commissioner Excise, Enforcement, Ongole, he along with PW1,

LW2, LW4 were went in a jeep for conducting patrolling for detection of Excise

Offenses, when they reached near Hanuman junction at about 4:30 pm, there they found one male person on a motorbike with white plastic bag, on noticed him, he inquired him about the contents in the bag on suspicion, then he stated that it contains liquor bottles, on that he sent PW1 to Bodireddypalli village to secure mediators, as VRO or VRA are not available in the village

PW1 returned and informed the same to him, then he decided to prepare special report, opened the bag and found 48 liquor bottles of Ever Shine

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. Superior Grain Whiskey each 180 Ml along with H.F deluxe motorbike, then he observed the EAL numbers were toned out and also observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then he questioned him about the license, he replied that he has no license, then he disclosed his name and particulars as Mendraguthi Anji

S/o.Yerraiah R/o.Nadigadda Village of Tripuranthakam Mandal, then he lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with signatures of accused along with him, seized the property and motorbike from the possession of accused and after explaining the grounds of arrest of accused, he arrested the accused under the cover of special report. LW2 prepared special report. On the same day he handed over the accused and seized property along with special report to the sentry of Excise Station Markapur.

PW3 deposed that he received CD file from LW4 and conducted auction on 4.9.2019 as per the proceedings of Deputy Commissioner of Excise, Ongole vide R.C.no.57/2016/A4 dated 19.8.2019 and sold 47 bottles of Ever Shine

Superior Grain Whiskey of each 180 ml for an amount of Rs.4,324-00 to M/s

K.K.Wines, Markapur, on the same day he deposited sale proceeds for an amount of Rs.4,324-00, to that affect challan was filed. After completion of investigation he filed charge sheet in this case. PW4 deposed that on 19.3.2019 he received case file from LW5 and he forwarded MO.1 along with letter of advise through the Honourable Court to RFSL, Guntur for analysis report, on 7.6.2019 he received Analysis report, later he handed over the CD file to PW3. PW5 deposed that on 18.3.2019 he received Ex.P1 alongwith

MO.1 and accused from PW2, he registered the Ex.P1 report as PR

No.31/2018 under Sec.34(A) of A.P.Excise Act, he sent the original PR to the

Honourable Court and its copies to all concerned authorities, on the next day

he produced the accused before the Honourable Court for remand, later he

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. handed over the CD file to PW4. This part of evidence was not shattered in any manner in cross examination.

REASONS:

Coming to the confession made by the Accused, the confession made before a

11.)Coming to the seizure and sending the sample for chemical analysis, it is the evidence of PW1 and PW2 that the sample was seized by them on 18.3.2019 whereas it was received by the Government Chemical Examiner of

License General Conditions) Rules, 1969, the samples shall be sent to the

Court with a requisition to send one of the sample expeditiously to the chemical examiner. Hence, the delay is fatal to the case of the prosecution.

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. CONCLUSION:

RESULT:

Pradesh Excise Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of

The Code Of Criminal Procedure. The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over. The Accused has undergone remand from 19.03.2019 to 22.3.2019. Accused is set at liberty.

Typed on dictation by Stenographer on computer with dual Monitor, corrected and pronounced by me in the Open Court on this the 19th day of May, 2020.

Sd/P.Shiyaz Khan, I Addl.Judicial Magistrate of First Class, Markapur.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Prosecution side Defence side PW1: D.Narayana Reddy, P&E Constable NONE PW2: K.Ramesh, P&E Sub Inspector PW3: A.Radha Krishna Murthy, P&E Inspector. PW4: D.Srinivasa Rao, P&E Inspector. PW5: M.Ravi Kumar, P&E Sub Inspector

EXHIBITS MARKED FOR

Prosecution Defence Side Ex.P1: Spl.Report NIL Ex.P2: Confiscation proceedings Ex.P3: Auction Proceedings

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Calendar Case.No.78 of 2020 I A.J.M.F.C.,MARKAPUR. Ex.P4: Challan Ex.P5: Letter of advice Ex.P6: Analysis Report Ex.P7: FIR

MATERIAL OBJECTS

For petitioner: For Accused:

MO.1: Sample bottle of ...NIL…. Ever Shine Superior Fine Whiskey bottle.

Sd/P.Shiyaz Khan, Ist Addl. Judicial Magistrate Of First Class Markapur

Copy submitted to

1) The First Additional District & Sessions Judge, Ongole

2) The Superintendent Of Police, Ongole, Prakasam District.

3) The Assistant Public Prosecutor.

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CC/88/2020 Acquitted

SHO, Prohibition and Excise, Markapur vs Isukapalli Siva Lingam

20 May 2020

Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

CALENDAR AND JUDGMENT

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Calendar Case No.88 of 2020 In P.R.No.52 of 2019 of Markapur Excise Police Station

1)Offence : 07.04.2019

2)Complaint : 07.04.2019

3)Apprehensionof: 07.04.2019 Accused

4)Commencementof: 11.02.2020 Trial

5)Close of Trial: 24.03.2020

6)Judgment: 20.05.2020

7)Complainant: The State: Rep.by Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.

8)Name of the Accused:Isukapalli Siva Lingam S/lo.Kanakaiah, 30 Years, Jangam by caste, R/o.Markapur Town.

9)Offence:U/Sec.34(A) of AP Excise Act.

10) Plea of Accused:NOT GUILTY

11) Finding:NOT GUILTY

12) Result: In the result, the Accused is found not guilty for charge under section 34(A) of

Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under

Section of 34(A) of Andhra Pradesh Excise

Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of The Code Of Criminal Procedure.

The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over.

The Accused has undergone remand from 08.04.2019 to 10.04.2019. Accused is set at liberty.

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

13) Explanation for delay:The case was taken on file on 25.01.2020

Trial commenced on 11.02.2020 and closed on 24.03.2020 and the Judgment was

pronounced on 20.05.2020. Hence, the

delay.

I Addl. Judicial Magistrate of First Class,

MARKAPUR

Copy submitted to:

The Hon’ble I Addl. District and Sessions Judge, Prakasam District, Ongole.

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Present:- Mr. PATTAN SHIYAZ KHAN I Addl. Judicial Magistrate of First Class, Markapur

Wednesday, this the 20th day of May, 2020.

Calendar Case No.88 of 2020 Between: The State, Represented by: Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.…Complainant. AND

Isukapalli Siva Lingam S/lo.Kanakaiah, 30 Years, Jangam by caste, R/o.Markapur Town.… Accused.

Present:

For Complainant : Kum. B.V.Lakshmi Kumari Sr. A.P.P

For Accused :Mr.Sk.Mohammad Ali, Advocate.

J U D G E M E N T

FACTS OF THE CASE:

01.)The Complainant submitted the Report under Sec.173 of Code of

Criminal Procedure seeking prosecution of accused for the offence under

Sec.34(A) of Andhra Pradesh Excise Act 1968:

Contents of the Report:

02.)On 07.04.2019 during the raid conducted by D.Srinivasa Rao, P&E Sub

Inspector (LW5) along with Sk.Police Basha, P&E Constable (LW1),

P.Srinivasulu, P&E Constable (LW2), P.Subba Reddy, P&E Constable (LW3) and L.Hari Babu, P&E Constable (LW4) at outskirts of Devarajugattu Village,

Peddaraveedu Mandal, they found one person having white polythene cover, on suspicion LW5 enquired about his address particulars and contents of polythene cover, then he disclosed identity particulars and the polythene cover contains liquor bottles, then LW5 sent LW4 to secure the mediators, after sometime LW4 returned and informed to LW5 that no VAO and VRO

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

available and no one came forward to act as mediators, on that LW5 decided to prepare Spl.Report and asked the accused about the sources of liquor bottles and whether there are any bills or license related to these bottles, then accused kept quiet without giving any proper reply about license but replied that he purchased the same from unknown person with low rates in order to sell them for higher rates, then LW5 opened the polythene cover and found 96 Mansion House Premium French Brandy each bottle 180 ml capacity and also found EAL numbers are tampered and adhesive labels on the caps for sale in A.P.only as those are identified duty paid liquor, and drew one 180 ML bottle of Mansion House Premium French Brandy for the purpose of chemical analysis, sealed, labeled, arrested the accused, seized the case property under cover of Spl.Report and returned to police station and handed over the accused and seized property, Spl.Report etc., to M.Ravi Kumar, P&E

Sub Inspector (LW6) who inturn registered the Spl.Report as PR.52/2019 under Sec.34(A) of A.P.Excise Act and produced the accused before the

Hon’ble court for remand on 08.04.2019; that later D.Srinivasa Rao, P&E

Inspector (LW7) sent the sample to the Director, Excise Laboratory for analysis through the Court with letter of advice and also sent the confiscation proposals, later A.Radha Krishna Murthy, P&E Inspector (LW8) received analysis report and after completion of investigation he submitted the report as per Sec.173 of Code of Criminal Procedure.

Procedure followed under the Code of Criminal Procedure, 1973:

3.)Basing on the said report, this court took cognizance for the offence under Sec.34(A) of A.P.Excise Act against the accused as contemplated under

Sec.190(1)(b) of Code of Criminal Procedure.

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

5.)To prove the charges, the Prosecution examined PW1 to PW5 and marked Ex.P1 to Ex.P7 and MO.1. On the closure of prosecution side evidence, Accused was examined under Section 313 of Code of

6.)Argument of both sides heard.

POINT FOR DETERMINATION:

DISCUSSION:

Accused prosecution examined PW1 to PW5 and get marked Ex.P1 to

Ex.P7 and MO.1.

9.)Regarding the commission of offence, evidence of PW1 to PW5 remains for consideration. PW1 deposed that on 7.4.2019 at about 12:00 noon as per the instructions of Prohibition and Excise Superintendent, Markapur, he along with LW1 to LW3 and 5 were went in a jeep for conducting patrolling for detection of excise offenses and reached outskirts of Devarajugattu at about

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

1:00 pm, there they found one male person with a polythene cover in his hand, then they apprehended him and LW5 inquired him about the contents in the polythene bag on suspicion, then he stated that it contains liquor bottles, then LW5 sent him to Devarajugattu village for secure mediators, as

VRO or VRA are not available in the village he returned and informed the same to LW5, on that LW5 decided to prepare special report, opened the bag and found 96 liquor bottles of Mansion House Premium French Brandy each 180 Ml, he also found EAL numbers were toned out, observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then LW5 questioned him about the license, then accused replied that he has no license and disclosed his name and particulars as Isakapalli

Sivalingam s/o Kanakaiah R/o Markapur town and mandal, then LW5 lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with his signatures and signatures of accuse; that LW5 seized the property from the possession of accused and after explaining the grounds of arrest of accused,

LW5 arrested the accused under the cover of special report. LW5 prepared special report. He also signed on the special report. PW2 deposed that he received CD file from LW6 and he forwarded the sample bottle along with letter of advise through the Honourable Court to RFSL, Guntur for analysis report, on 7.6.2019 he received Analysis Report, later he handed over the CD file to LW8. PW3 deposed that on 7.4.2019 at about 12:00 noon as per the instructions of Prohibition and Excise Superintendent, Markapur, he along with LW1 to LW4 went in a jeep for conducting patrolling for detectio of Excise

Offences, when they reached outskirts of Devarajugattu at about 1:00 PM, there they found one male person with a polythene cover in his hand, they noticed him and he inquired him about the contents in the polythene bag on suspicion, then he stated that it contains liquor bottles, then he sent PW1 to

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

Devarajugattu village for secure mediators, as VRO or VRA are not available in the village, PW1 returned and informed the same to him, then he decided to prepare special report and he opened the bag and found 96 liquor bottles of

Mansion House Premium French Brandy each 180 ml, the EAL numbers were torned out, he also observed on the cap of the bottles that it is meant for sale in AP only and conformed that it is a duty paid liquor, he questioned him about the license, he replied that he has no license, then he disclosed his name and particulars as Isakapalli Sivalingam S/o.Kanakaiah R/o.Markapur

Townand Mandal, then he lifted one bottle as sample for the purpose of sending the same for chemical analysis after affixing the identity slips on the bottles along with his signatures and signatures of accused, seized property and after explaining the grounds of arrest of accused, he arrested the accused under cover of special report, he prepared special report, he also signed on the special report under Ex.P1, then he handed over Ex.P1, MO.1, accused to

Sentry in police station. PW4 deposed that on 7.4.2019 he received Ex.P1 along with MO.1 and accused from PW3, he registered the Ex.P1 report as PR

No.52?2018 under Sec.34(A) of A.P.Excise Act, sent the original PR to the

Honourable Court and its copies to all concerned authorities, on the next day

he produced the accused before the honouable Court for remand and handed over the CD file to LW7. PW5 deposed that on 4.9.2019 he conducted public auction and confiscated the seized property, later he concluded investigation and filed charge sheet. This part of evidence was not shattered in any manner in cross examination.

REASONS:

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

no such inhabitant of the said locality is available or is willing to be a witness to the search, to attend and witness the search and may issue an order in writing to them or any of them so to do. The evidence of PW1 and PW3 reveals that they have not made any attempts to secure respectable inhabitants of the locality where the Accused was caught. Hence, PW1 and PW3 violated the mandatory provisions of section 100(4) of The Code Of Criminal Procedure.

Coming to the confession made by the Accused, the confession made before a

11.)Coming to the seizure and sending the sample for chemical analysis, it is the evidence of PW1 and PW3 that the sample was seized by them on 7.4.2019 whereas it was received by the Government Chemical Examiner of

License General Conditions) Rules, 1969, the samples shall be sent to the

Court with a requisition to send one of the sample expeditiously to the chemical examiner. Hence, the delay is fatal to the case of the prosecution.

CONCLUSION:

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Calendar Case.No.88 of 2020 I A.J.M.F.C.,MARKAPUR.

RESULT:

Pradesh Excise Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of

The Code Of Criminal Procedure. The MO.1 non-valuable sample bottles shall be destroyed after appeal time is over. The Accused has undergone remand from 08.04.2019 to 10.04.2019. Accused is set at liberty.

Typed to my dictation by Stenographer on computer with dual Monitor, corrected and pronounced by me in the Open Court on this the 20th day of May, 2020. Sd/P.Shiyaj Khan, I Addl.Judicial Magistrate of First Class, Markapur.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Prosecution side Defence side PW1: L.Hari Babu, P&E Constable NONE PW2: D.Srinivasa Rao, P&E Inspector. PW3: D.Srinivasa Rao, P&E Sub Inspector. PW4: M.Ravi Kumar, P&E Sub Inspector. PW5: A.Radha Krishna Murthy, P&E Inspector.

EXHIBITS MARKED FOR

Prosecution Defence Side Ex.P1: Spl.Report NIL Ex.P2: Letter of Advise Ex.P3: Analysis Report Ex.P4: FIR Ex.P5: Confiscation Proceedings Ex.P6: Auction Proceedings Ex.P7: Challan

MATERIAL OBJECTS

For petitioner: For Accused:

MO.1: Sample bottle of Mansion House Premium ...NIL…. French Brandy 180 ml bottle. Sd/P.Shiyaj Khan, Ist Addl. Judicial Magistrate Of First Class Markapur Copy submitted to: 1) The First Additional District & Sessions Judge, Ongole

2) The Superintendent Of Police, Ongole, Prakasam District.

3) The Assistant Public Prosecutor.

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CC/86/2020 Acquitted

SHO, Prohibition and Excise, Markapur vs Kudumula Bayamma

19 May 2020

Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

CALENDAR AND JUDGMENT

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Calendar Case No.86 of 2020 In P.R.No.12 of 2019 of Markapur Excise Police Station

1)Offence : 06.02.2019

2)Complaint : 06.02.2019

3)Apprehensionof: 06.02.2019 Accused

4)Commencementof: 17.02.2020 Trial

5)Close of Trial: 24.03.2020

6)Judgment: 19.05.2020

7)Complainant: The State: Rep.by Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.

8)Name of the Accused:Kudumula Bayamma W/o.K.Srinu, 33 Years, Chenchu by caste, R/o.Sundaraiah Colony, Dornala Mandal, Prakasam District.

9)Offence:U/Sec.34(A) of AP Excise Act.

10) Plea of Accused:NOT GUILTY

11) Finding:NOT GUILTY

12) Result: In the result, the Accused is found not guilty for charge under section 34(A) of

Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under

Section of 34(A) of Andhra Pradesh Excise

Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of The Code Of Criminal Procedure.

The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over.

The Accused has undergone remand from 06.02.2019 to 08.02.2019. Accused is set at liberty.

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

13) Explanation for delay:The case was taken on file on 25.01.2020

Trial commenced on 17.02.2020 and closed on 24.03.2020 and the Judgment was

pronounced on 19.05.2020. Hence, the

delay.

Sd/P.Shiyaz Khan, I Addl. Judicial Magistrate of First Class,

MARKAPUR

Copy submitted to:

The Hon’ble I Addl. District and Sessions Judge, Prakasam District, Ongole.

Corrections Page No. 2 of 9

Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Present:- Mr. PATTAN SHIYAZ KHAN I Addl. Judicial Magistrate of First Class, Markapur

Tuesday, this the 19th day of May, 2020

Calendar Case No.86 of 2020 Between:

The State, Represented by: Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.…Complainant.

AND

Kudumula Bayamma W/o.K.Srinu, 33 Years, Chenchu by caste, R/o.Sundaraiah Colony, Dornala Mandal, Prakasam District.… Accused.

Present:

For Complainant : Kum. B.V.Lakshmi Kumari Sr. A.P.P

For Accused :Mr.T.Velugondaiah, Advocate.

J U D G E M E N T

FACTS OF THE CASE:

01.)The Complainant submitted the Report under Sec.173 of Code of

Criminal Procedure seeking prosecution of accused for the offence under

Sec.34(A) of Andhra Pradesh Excise Act 1968:

Contents of the Report:

02.)On 06.02.2019 during the raid conducted by D.Srinivasa Rao, P&E

Inspector (LW3) along with Y.Siva Shankar Rao, P&E Constable and D.Prabhu

Das, P&E Sub Inspector (LW2) at outskirts of Sundaraiah Colony, Dornala

Mandal they found one person having black polythene cover, on suspicion

LW3 enquired about her address particulars and contents of polythene cover, then she disclosed identity particulars and the polythene cover contains liquor bottles, then LW3 sent LW1 to secure the mediators, after sometime

LW1 returned and informed to LW3 that no VAO and VRO available and no one came forward to act as mediators, on that LW3 decided to prepare

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

Spl.Report and asked the accused about the sources of liquor bottles and whether there are any bills or license related to these bottles, then accused replied that she purchased the same from unknown person and kept quiet without giving any proper reply regarding license, then LW3 opened the polythene cover and found 12 Heavens Door Whiskey each bottle 180 ml capacity, verified the bottles and found EAL numbers are tampered and adhesive labels on the caps for sale in A.P.only as those are identified duty paid liquor, and drew one 180 ML bottle of Heavens Door Whiskey for the purpose of chemical analysis, sealed, labeled, arrested the accused, seized the case property under cover of Spl.Report returned to police station and registered the Spl.Report as PR.12/2019 under Sec.34(A) of A.P.Excise Act and produced the accused before the Hon’ble court for remand on 06.02.2019; that later he sent the sample to the Director, Excise Laboratory for analysis through the Court with letter of advice and also sent the confiscation proposals, later A.Radha Krishna Murthy, P&E Inspector (LW4) received analysis report and after completion of investigation he submitted the report as per Sec.173 of Code of Criminal Procedure.

Procedure followed under the Code of Criminal Procedure, 1973:

3.)Basing on the said report, this court took cognizance for the offence under Sec.34(A) of A.P.Excise Act against the accused as contemplated under

Sec.190(1)(b) of Code of Criminal Procedure.

4.)On appearance of accused, copies of case documents were supplied to her as contemplated under section 207 of Cr.P.C., she was examined under Sec.239 of Code of Criminal Procedure, under Sec.240 of

Code of Criminal Procedure charge for the offence punishable under section 34(A) of Andhra Pradesh Excise Act 1968 was framed against her, read over and explained to her in Vernacular Language and when questioned she pleaded not guilty of the charge and claimed to be tried.

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

5.)To prove the charges, the Prosecution examined PW1 to PW3 and marked Ex.P1 to Ex.P7 and MO.1. On the closure of prosecution side evidence, Accused was examined under Section 313 of Code of

Criminal Procedure and on explaining the incriminating material available against her for which she denied the same and pleaded innocence. For defence no witness was examined and no documents were marked.

6.)Argument of both sides heard.

POINT FOR DETERMINATION:

DISCUSSION:

8.)It is the case of prosecution that the Accused was in illegal possession of liquor bottles without any valid license. Charge for the offence punishable under section 34(A) of of Andhra Pradesh Excise Act is framed against the Accused. The defence of the Accused is that she did not commit the offence and she is innocent. To prove the case against the Accused prosecution examined PW1 to PW3 and get marked Ex.P1 to Ex.P7 and MO.1.

9.)Regarding the commission of offence, evidence of PW1 to PW3 remains for consideration. PW1 deposed that on 6.2.2019 at about 7:30 AM he along with LW2 and LW3 went in a police Jeep to conduct raids, reached near

Sundaraiah colony of Dornala mandal and found one female person with a plastic bag in her right hand, on seeing them she tried to escape, then LW3 with his assistance and other constables caught hold of the female person and questioned about the plastic bag, then she stated that the bag contains liquor bottles, then LW3 sent him to Sundaraiah colony to secure mediators,

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

as VRO or VRA are not available in the colony he returned and informed the same to LW3, then LW3 decided to prepare special report, then LW3 opened the cover and found 12 H.D whiskey each 180 Ml Capacity, and also observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then LW3 questioned her about the license, then she replied that she has no license, then she disclosed her name and particulars as Kudumula Bayamma W/o.Srinu of Sundaraiah colony, then

LW3 lifted one bottle as sample for the purpose of sending the same for chemical analysis after affixing the identity slips on the bottles along with his signatures and signatures of accused, seized the property from the possession of accused and after explaining the grounds of arrest of accused, LW3 arrested the accused under the cover of special report. He prepared special report and lso signed on it. PW2 deposed that on 06.02.2019 at about 7:30

AM he along with PW1, LW2 went in a police Jeep to conduct raids, and reached outskirts of Sundaraiah colony of Dornala mandal and found one female person with a black polythene cover on right hand, on seeing them she tried to escape, then he with the assistance of PW1 and other staff caught hold of the female person and questioned about the plastic cover, she stated that the cover contains liquor bottles, then he sent PW1 to Sundaraiah colony to secure mediators, as VRO or VRA are not available in the village PW1 returned and informed the same to him, then he decided to prepare special report, then he opened the cover and found 12 nibs of H.D Fine Whiskey each 180 Ml capacity, observed on the cap of the bottles that it is meant for sale in

A.P only and conformed that it is a duty paid liquor, then he questioned her about the license, then she replied that she has no license and also disclosed her name and particulars as K.Bayamma W/o K.Srinu of Sundaraiah colony of Dornala mandal and lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

along with signatures of accused and PW1, he seized the property from the possession of accused and after explaining the grounds of arrest of accused, he arrested the accused under the cover of special report under Ex.P1. LW2 prepared special report, he also signed on it, then he returned to police station along with seized property and accused, registered Ex.P1 as FIR in

Pr.No.12/2019 under section 34(A) of AP Excise Act and submitted the original Fir along with accused for remand, later he forwarded the sample along with letter of advise through the Hon’ble court to RFSL, Guntur for analysis report, on 20.5.2019 he received Analysis report. Later he handed over the CD file to LW4. PW3 deposed that on 4.9.2019 he conducted public auction and confiscated the seized property, later he concluded investigation and filed charge sheet. This part of evidence was not shattered in any manner in cross examination.

REASONS:

Coming to the confession made by the Accused, the confession made before a

Police Officer is inadmissible as per Section 25 of Indian Evidence Act and this is not the case where the property was seized in pursuance of confession so that the confession made by the Accused may be considered as per Section

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

27 of Indian Evidence Act.

11.)Coming to the seizure and sending the sample for chemical analysis, it is the evidence of PW1 and PW2 that the sample was seized by them on 6.2.2019 whereas it was received by the Government Chemical Examiner of

Prohibition & Excise Regional Prohibition & Excise Laboratory, Guntur on 18.04.2019 and there is abnormal delay in forwarding the sample to the chemical examiner and that this delay in sending sample is fatal to the case of the Prosecution. No doubt, as per Rule 24 of A.P. Excise (Arrack and Toddy

License General Conditions) Rules, 1969, the samples shall be sent to the

Court with a requisition to send one of the sample expeditiously to the chemical examiner. Hence, the delay is fatal to the case of the prosecution.

CONCLUSION:

12.)In these circumstances, it is quite unsafe to place reliance on the testimony of PW1 to PW3. For the aforementioned reasons, this Court holds that the Prosecution failed to establish the guilt of the Accused of the charge under section 34(A) of Andhra Pradesh Excise Act 1968 beyond reasonable doubt.

RESULT:

Pradesh Excise Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of

The Code Of Criminal Procedure. The MO.1 non-valuable sample bottles shall be destroyed after appeal time is over. The Accused has undergone remand from 06.02.2019 to 08.02.2019. Accused is set at liberty.

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Calendar Case.No.86 of 2020 I A.J.M.F.C.,MARKAPUR.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Prosecution side Defence side PW1: Y.Siva Shankar Rao, P&E Constable NONE PW2: D.Srinivasa Rao, P&E Inspector. PW3: A.Radha Krishna Murthy, P&E Inspector.

EXHIBITS MARKED FOR

Prosecution Defence Side Ex.P1: Spl.Report NIL Ex.P2: FIR Ex.P3: Letter of Advice Ex.P4: Analysis Report Ex.P5: Confiscation Proceedings Ex.P6: Auction Proceedings Ex.P7: Challan

MATERIAL OBJECTS

For petitioner: For Accused:

MO.1: Sample bottle of ...NIL…. Heavens Door Whiskey

Sd/P.Shiyaz Khan Ist Addl. Judicial Magistrate Of First Class Markapur

Copy submitted to

1) The First Additional District & Sessions Judge, Ongole

2) The Superintendent Of Police, Ongole, Prakasam District.

3) The Assistant Public Prosecutor.

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CC/85/2020 Acquitted

SHO, Prohibition and Excise, Markapur vs Kudumula Venkateswarlu

19 May 2020

Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR.

CALENDAR AND JUDGMENT

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Calendar Case No. 85 of 2020 In P.R.No.10 of 2019 of Markapur Excise Police Station

1)Offence : 31.01.2019

2)Complaint : 31.01.2019

3)Apprehensionof: 31.01.2019 Accused

4)Commencementof: 17.02.2020 Trial

5)Close of Trial: 24.03.2020

6)Judgment: 19.05.2020

7)Complainant: The State: Rep.by Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.

8)Name of the Accused:Kudumula Venkateswarlu S/o.K.Ankanna, Age 20 Years, Chenchu by caste, R/o.Sundaraiah Colony, Dornala Mandal, Prakasam District.

9)Offence:U/Sec.34(A) of AP Excise Act.

10) Plea of Accused:NOT GUILTY

11) Finding:NOT GUILTY

12) Result: In the result, the Accused is found not guilty for charge under section 34(A) of

Andhra Pradesh Excise Act 1968 leveled against him, accordingly under Section 248(1) of the Code of Criminal Procedure accused is acquitted from the charge punishable under

Section of 34(A) of Andhra Pradesh Excise

Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of The Code Of Criminal Procedure.

The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over.

The Accused has undergone remand from 31.01.2019 to 05.02.2019. Accused is set at liberty.

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR.

13) Explanation for delay:The case was taken on file on 25.01.2020

Trial commenced on 17.02.2020 and closed on 24.03.2020 and the Judgment was

pronounced on 19.05.2020. Hence, the

delay.

Sd/P.Shiyaz Khan, I Addl. Judicial Magistrate of First Class,

MARKAPUR

Copy submitted to:

The Hon’ble I Addl. District and Sessions Judge, Prakasam District, Ongole.

Corrections Page No. 2 of 9

Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR.

IN THE COURT OF THE I ADDITIONAL JUDICIAL MAGISTRATE OF

FIRST CLASS: MARKAPUR

Present:- Mr. PATTAN SHIYAZ KHAN I Addl. Judicial Magistrate of First Class, Markapur Tuesday, this the 19th day of May, 2020.

Calendar Case No.85 of 2020 Between: The State, Represented by: Prohibition and Excise Inspector, Prohibition and Excise Station, Markapur.…Complainant. AND

Kudumula Venkateswarlu S/o.K.Ankanna, Age 20 Years, Chenchu by caste, R/o.Sundaraiah Colony, Dornala Mandal, Prakasam District.… Accused.

Present:

For Complainant : Kum. B.V.Lakshmi Kumari Sr. A.P.P

For Accused :Mr.T.Velugondaiah, Advocate.

J U D G E M E N T

FACTS OF THE CASE:

01.)The Complainant submitted the Report under Sec.173 of Code of

Criminal Procedure seeking prosecution of accused for the offence under

Sec.34(A) of Andhra Pradesh Excise Act 1968:

Contents of the Report:

02.)On 31.01.2019 during the raid conducted by D.Srinivasa Rao, P&E

Inspector (LW3) alongwith N.Subbaiah,m P&E Constable and P.Ranga

Nayakulu, P&E Head Constable at Sundaraiah Colony, outskirts of Dornala

Mandal, they found one person having black polythene cover, on suspicion

LW3 enquired about his address particulars and contents of polythene cover, then he disclosed identity particulars and the polythene cover contained liquor bottles, then LW3 sent LW1 to secure the mediators, after sometime

LW1 returned and informed to LW3 that no VAO and VRO available and no one came forward to act as mediators, on that LW3 decided to prepare

Spl.Report and asked the accused about the sources of liquor bottles and whether there are any bills or license related to these bottles, then accused

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR. revealed that he purchased the liquor bottles from various shops in Dornala and also revealed that he has no such license, then LW3 opened the polythene cover and found 11 Heavens Door Whiskey 180 ml capacity each and verified the bottles, found EAL numbers are tampered and adhesive labels on the caps for sale in A.P.only as those are identified duty paid liquor, and drew one 180 ml bottle of Heavens Door Whiskey for the purpose of chemical analysis, sealed, labeled, arrested the accused, seized the case property under cover of Spl.Report, returned to police station and registered the Spl.Report as PR.10/2019 under Sec.34(A) of A.P.Excise Act and produced the accused before the Hon’ble court for remand on 31.1.2019; that later he sent the sample to the Director, Excise Laboratory for analysis, he also sent the confiscation proposals, later A.Radha Krishna Murthy, P&E

Inspector (LW4) received analysis report and after completion of investigation he submitted the report as per Sec.173 of Code of Criminal Procedure.

Procedure followed under the Code of Criminal Procedure, 1973:

3.)Basing on the said report, this court took cognizance for the offence under Sec.34(A) of A.P.Excise Act against the accused as contemplated under

Sec.190(1)(b) of Code of Criminal Procedure.

5.)To prove the charges, the Prosecution examined PW1 to PW3 and marked Ex.P1 to Ex. P7, MO.1. On the closure of prosecution side evidence,

Accused was examined under Section 313 of Code of Criminal

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR. Procedure and on explaining the incriminating material available against him for which he denied the same and pleaded innocence. For defence no witness was examined and no documents were marked.

6.)Argument of both sides heard.

POINT FOR DETERMINATION:

DISCUSSION:

Accused prosecution examined PW1 to PW3 and get marked Ex.P1 to

Ex.P7 and MO.1.

9.)Regarding the commission of offence, evidence of PW1 to PW3 remains for consideration. PW1 deposed that on 31.01.2019 at about 9:00 AM he along with LW2, LW3 and other constables went in a police Jeep to conduct raids, when and reached outskirts of Sundaraiah colony of Dornala mandal they found one male person with a black polythene cover on right hand, on seeing them he tried to escape, then LW3 with his assistance and other staff caught hold of the male person and questioned about the polythene cover, then the person stated that the cover contains liquor bottles, then LW3 sent him to Sundaraiah colony to secure mediators, as VRO or VRA are not available in the village he returned and informed the same to LW3, then LW3 decided to prepare special report, opened the cover and found 11 Heavens

Door Fine Whiskey each 180 ml capacity, observed on the cap of the bottles

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR. that it is meant for sale in A.P only and conformed that it is a duty paid liquor, then LW3 questioned him about the license, on that he replied that he has no license and disclosed his name and particulars as K.Venkateswarlu

S/o K.Ankanna of Sundaraiah colony of Dornala mandal, then LW3 lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with his signatures and signatures of accused, LW3 seized the property from the possession of accused and after explaining the grounds of arrest of accused, LW3 arrested the accused under the cover of special report. LW2 prepared special report.

He also signed on it. PW2 deposed that on 31.01.2019 at about 9:00 AM he along with PW1, LW2 went in a police Jeep to conduct raids, reached outskirts of Sundaraiah colony of Dornala mandal and found one male person with a black polythene cover on right hand, on seeing them he tried to escape, then he with the assistance of PW1 and other staff caught hold of the male person and questioned about the plastic cover, then he stated that the cover contains liquor bottles, then he sent PW1 to Sundaraiah colony to secure mediators, as VRO or VRA are not available in the village PW1 returned and informed the same to him, then he decided to prepare special report, opened the cover and found 11 Heavens Door Fine Whiskey each 180 ml capacity, observed on the cap of the bottles that it is meant for sale in A.P only and conformed that it is a duty paid liquor, questioned him about the license, on that he replied that he has no license, then he disclosed his name and particulars as K.Venkateswarlu S/o K.Ankanna of Sundaraiah colony of

Dornala mandal, then he lifted one bottle as sample for the purpose of sending the same for chemical analysis, after affixing the identity slips on the bottles along with signatures of accused and PW1, seized the property from the possession of accused and after explaining the grounds of arrest of accused, he arrested the accused under the cover of special report under

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR. Ex.P1, LW2 prepared special report, he also signed on it, then he returned to police station along with seized property and accused, then he registered

Ex.P1 as FIR in Pr.No.10/2019 under section 34-A of AP Excise Act and submitted the original FIR along with accused for remand, forwarded the sample along with letter of advise through the Hon’ble Court to RFSL, Guntur for analysis report. On 20.5.2019 he received Analysis report, later he handed over the CD file to LW4. PW3 deposed that on 4.9.2019 he conducted public auction and confiscated the seized property, later he concluded investigation and filed charge sheet. This part of evidence was not shattered in any manner in cross examination.

REASONS:

Coming to the confession made by the Accused, the confession made before a

11.)Coming to the seizure and sending the sample for chemical analysis, it is the evidence of PW1 and PW2 that the sample was seized by them on

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR. 31.01.2019 whereas it was received by the Government Chemical Examiner of

License General Conditions) Rules, 1969, the samples shall be sent to the

Court with a requisition to send one of the sample expeditiously to the chemical examiner. Hence, the delay is fatal to the case of the prosecution.

CONCLUSION:

RESULT:

Pradesh Excise Act, 1968. The bail bond of the Accused shall stand canceled after 6 months period of appeal time as contemplated under Section 437-A of

The Code Of Criminal Procedure. The MO.1 non-valuable sample bottle shall be destroyed after appeal time is over. The Accused has undergone remand from 31.01.2019 to 05.02.2019. Accused is set at liberty.

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Calendar Case.No.85 of 2020 I A.J.M.F.C.,MARKAPUR.

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

Prosecution side Defence side PW1: N.Subbaiah, P&E ConstableNONE PW2: D.Srinivasa Rao, P&E Inspector. PW3: A.Radhakrishna Murthy, P&E Inspector

EXHIBITS MARKED FOR

Prosecution Defence Side Ex.P1: Spl.Report NIL Ex.P2: FIR Ex.P3: Letter of advice Ex.P4: Analysis Report Ex.P5: Confiscation proceedings Ex.P6: Auction Proceedings Ex.P7: Challan

MATERIAL OBJECTS

For petitioner: For Accused:

MO.1: Sample bottle of ...NIL…. Heavens Door Whiskey bottle.

Ist Addl. Judicial Magistrate Of First Class Markapur

Copy submitted to

1) The First Additional District & Sessions Judge, Ongole

2) The Superintendent Of Police, Ongole, Prakasam District.

3) The Assistant Public Prosecutor.

Corrections Page No. 9 of 9

Order Record 2,497 total

Case No.	Parties	Date	Type	Outcome
CRL.MP/9/2020	Sri Vigneswara Stone Crusher vs SHO, Yerragondapalem	10 Jul 2020	Order	—
CRL.MP/8/2020	Egalapati Sreekanth vs SHO, Pullalacheruvu	09 Jul 2020	Order	—
CRL.MP/6/2020	Gogulamudi Anji Reddy vs SHO, Pullalacheruvu	26 Jun 2020	Order	—
CRL.MP/7/2020	Sane Bala Masthan Rao vs SHO, Yerragondapalem	26 Jun 2020	Order	—
CRL.MP/5/2020	Shaik Karimulla vs SHO, Peddaraveedu	19 Jun 2020	Order	—
CRL.MP/2/2020	Dodda Chandrasekhar Reddy vs SHO, Peddaraveedu	16 Jun 2020	Order	—
CRL.MP/3/2020	Dodda Chandrasekhar Reddy vs SHO, Peddaraveedu	16 Jun 2020	Order	—
CRL.MP/4/2020	Dodda Chandrasekhar Reddy vs SHO, Peddaraveedu	16 Jun 2020	Order	—
CRL.MP/1/2020	Jakki Srinivasulu vs SHO Markapur (Rural)	10 Jun 2020	Order	—
CRLMP.BAIL/51/2020	Gorre Muniswamy vs SHO, Peddaraveedu	05 Jun 2020	Order	—
CC/88/2020	SHO, Prohibition and Excise, Markapur vs Isukapalli Siva Lingam	20 May 2020	Judgment	Acquitted
CC/78/2020	SHO, Prohibition and Excise, Markapur vs Mendraguthi Anji	19 May 2020	Judgment	Acquitted
CC/79/2020	SHO, Prohibition and Excise, Markapur vs Vipparla Raj Sekhar	19 May 2020	Judgment	Acquitted
CC/85/2020	SHO, Prohibition and Excise, Markapur vs Kudumula Venkateswarlu	19 May 2020	Judgment	Acquitted
CC/86/2020	SHO, Prohibition and Excise, Markapur vs Kudumula Bayamma	19 May 2020	Judgment	Acquitted
CRLMP.BAIL/49/2020	Pattan Ismail Basha @ Basha vs SHO Dornala P.S.	24 Mar 2020	Judgment	—
CRLMP.BAIL/50/2020	Vankadavath Sakru Naik vs SHO, Y. Palem (Excise)	24 Mar 2020	Order	—
CC/96/2020	SHO, Markapur (Town) vs Sriramula Nagaraju	21 Mar 2020	Judgment	—
CC/260/2016	state sub inspector of police vs Poguluri daveedu	21 Mar 2020	Judgment	—
CC/527/2016	sub -Inspector of police vs Salikineti Joshi	21 Mar 2020	Judgment	—
OS/498/2019	Kodamala Vijaya Kumar vs Mekala Bhaskar	20 Mar 2020	Judgment	—
CC/80/2020	SHO, Prohibition and Excise, Markapur vs M. Vijaya Bhaskar Reddy	20 Mar 2020	Judgment	—
CC/81/2020	SHO, Prohibition and Excise, Markapur vs Kolagatla Venkata Reddy	20 Mar 2020	Judgment	—
CC/82/2020	SHO, Prohibition and Excise, Markapur vs Bogem Ankama Rao	20 Mar 2020	Judgment	—
CC/83/2020	SHO, Prohibition and Excise, Markapur vs Jagarlamudi Nagendramma	20 Mar 2020	Judgment	—
CC/84/2020	SHO, Prohibition and Excise, Markapur vs Kunduru Venkata Rami Reddy	20 Mar 2020	Judgment	—
CC/90/2020	SHO, Prohibition and Excise, Markapur vs Eluri Veera Reddy	20 Mar 2020	Judgment	—
CC/91/2020	SHO, Prohibition and Excise, Markapur vs Sanikommu Garata Reddy	20 Mar 2020	Judgment	—
CC/92/2020	SHO, Prohibition and Excise, Markapur vs Thumpati Mahesh	20 Mar 2020	Judgment	—
CC/93/2020	SHO, Prohibition and Excise, Markapur vs Dudekula Hussain	20 Mar 2020	Judgment	—
CC/94/2020	SHO, Prohibition and Excise, Markapur vs Pikkili Rajeswari	20 Mar 2020	Judgment	—
CC/95/2020	SHO, Prohibition and Excise, Markapur vs Pikkili Anjaneyulu	20 Mar 2020	Judgment	—
CC/247/2018	SSS Chitfunds private ltd represented by its Senior office Assistant, Kesapur Praneeth vs Thanneeru anjayelu	19 Mar 2020	Judgment	—
CC/801/2019	SHO, Markapur (Town) vs Dudekula Khasim Vali	13 Mar 2020	Judgment	—
CC/156/2019	Tanubuddi Venkateswara Reddy vs Vangepuram Samuel	12 Mar 2020	Judgment	—
CC/295/2017	Punnami Chit Funds Ltd., vs Ankilla Suman	10 Mar 2020	Judgment	—
CC/78/2018	Poreddy Chenchi Reddy vs Chatharajupalli Mohan Rao	07 Mar 2020	Judgment	—
CC/138/2016	SI of Police Peddaraveedu vs Eerla Thirupathiswamy	07 Mar 2020	Judgment	—
DVC/1/2020	Munnangi Mariya Kumari alias Kumari vs Munnangi Irmiah	07 Mar 2020	Order	—
MC/2/2020	Munnangi Mariya kumari alias Kumari vs Munnangi Irmiah	07 Mar 2020	Order	—
CC/70/2014	SHO Markapur Rural PS vs Mekala Salmon	06 Mar 2020	Judgment	—
CC/77/2020	SHO, Prohibition and Excise, Markapur vs Pikkili Ramaiah	06 Mar 2020	Judgment	—
CC/87/2020	SHO, Prohibition and Excise, Markapur vs Bhupani Mallikarjuna	06 Mar 2020	Judgment	—
CC/174/2016	SI of Police Thripuranthakam PS vs Chanda Venkateswarlu @ Venkatesh	06 Mar 2020	Judgment	—
CC/445/2017	SHO, Markapur (Town) vs Nallapu Ravindra Reddy	06 Mar 2020	Judgment	—
CC/697/2016	SHO Markapur (Rural) vs SHaik Mahaboob Basha	06 Mar 2020	Judgment	—
DVC/4/2018	Mekala Santhamma vs Mekala Salmon	06 Mar 2020	Judgment	—
DVC/32/2017	Chnada Subharani vs Chandra Venkateswarlu	06 Mar 2020	Order	—
CRLMP.BAIL/39/2020	Muthyapogu Elia vs Potluri Immanuel	06 Mar 2020	Order	—
CC/60/2016	SI of Police Markapur Town PS vs Arjuna Papa Rao	05 Mar 2020	Judgment	—
CC/75/2016	SI of Police Tripuranthakam PS vs Nalluri Srinu	05 Mar 2020	Judgment	—
CC/298/2016	Banka Madhava Rao vs Koneti Srinivasulu	05 Mar 2020	Judgment	—
CRLMP.BAIL/38/2020	Sure Anil Kumar vs SHO, Yerragondapalem	05 Mar 2020	Order	—
CC/682/2016	SHO vs Shaik Mabu Subhani	04 Mar 2020	Judgment	—
CC/800/2019	SHO, Markapur (Town) vs Sharifuddin Shaik	03 Mar 2020	Judgment	—
DVC/25/2019	Shaik Reshma vs Shaik Basha	29 Feb 2020	Order	—
CC/60/2019	Addanki Sesha Yogaiah vs Cherbrolu Syam Vara Prasad	27 Feb 2020	Judgment	—
CC/89/2017	SHRI RAM CITY UNION FINANCE LTD, MARKAPUR vs Vsmallivarapu ramesh babu	27 Feb 2020	Judgment	—
CC/89/2019	SSS Chit Fund Pvt. Ltd., Markapur vs M.V. Subba Rao	27 Feb 2020	Judgment	—
CC/91/2019	SSS Chit Funds Pvt. Ltd, Markapur vs Taneeru Tirupathamma	27 Feb 2020	Judgment	—
CC/275/2017	SSS Chit Funds vs Pathan Karimulla Khan	27 Feb 2020	Judgment	—
CC/544/2019	Aravapalli Srinivasa Rao vs Surabhi Venkata Mahesh Kumar	27 Feb 2020	Judgment	—
CC/97/2016	SI of Police Pullalacheruvu PS vs Shaik Khaja	20 Feb 2020	Judgment	—
CC/114/2018	Arepalli Ranganayakulau vs Dontineni Srinivasa Rao	20 Feb 2020	Judgment	—
CC/458/2018	Narlagadda Peddaiah vs Thammineni Raghavendra Kumar Reddy	20 Feb 2020	Judgment	—
DVC/15/2017	Panjagala Gurudevi vs Panjagala Venkata Ramanaiah	19 Feb 2020	Order	—
MC/1/2017	Panjagala Guru Devi alias Devi vs Panjagala Venkata Ramanaiah	19 Feb 2020	Order	—
MC/31/2018	Gopaluni santhi Krishna vs VenkataAnjaneya Kumar	19 Feb 2020	Order	—
MC/42/2017	Desavath Ramana Bai vs Desavath Veera Brahma Naik	19 Feb 2020	Order	—
CC/6/2015	Sidhabathini Rama Rao vs Thippireddy Venu Gopal Reddy	17 Feb 2020	Judgment	—
CC/82/2015	SHO Markapur Town PS vs Arjuna Papa Rao	17 Feb 2020	Judgment	—
CC/82/2015	SHO Markapur Town PS vs Arjuna Papa Rao	17 Feb 2020	Order	—
CC/108/2018	Gutha Srinivasa Chowdary vs Kilari Venu Gopal	13 Feb 2020	Judgment	—
CC/168/2016	SI of Police Pullalacheruvu PS vs Meghavath Manthru Naik	13 Feb 2020	Judgment	—
CC/354/2017	State Bank of India, Markapur Main Branch, vs Katikela Santhosha Kumari	13 Feb 2020	Judgment	—
CC/355/2017	State Bank of India vs Katikela Santosha Kumari	13 Feb 2020	Judgment	—
CC/584/2019	SHRI RAM CITY UNION FINANCE LTD, MARKAPUR vs Chidipothu Subba Rao	13 Feb 2020	Judgment	—
CRLMP.BAIL/30/2020	Janavath Yogananda Naik vs SHO, Markapur (Town)	13 Feb 2020	Order	—
CRLMP.BAIL/31/2020	Gottemukkala Kotaiah vs SHO, Peddaraveedu	13 Feb 2020	Order	—
CC/40/2018	Yanumula ramanjeneya Reddy vs Akkisetty Koteswara Rao	11 Feb 2020	Judgment	—
CRLMP.BAIL/27/2020	Mudavath Ramana Naik-A1 vs SHO, Y. Palem (Excise)	11 Feb 2020	Order	—
CRLMP.BAIL/28/2020	Tangutur Hanumaiah-A2 vs SHO, Y. Palem (Excise)	11 Feb 2020	Order	—
CRLMP.BAIL/29/2020	Panuganti Chinna Kasaiah vs SHO, Y. Palem (Excise)	11 Feb 2020	Order	—
CC/4/2017	State sub inspector of police vs Vspinnika durga prasad	08 Feb 2020	Judgment	—
CC/15/2018	SHO, Yerragondapalem vs Pikkili Ramanjenaeyulu	08 Feb 2020	Judgment	—
CC/44/2019	SHO, Pullalacheruvu vs Gadde Srinu	08 Feb 2020	Judgment	—
CC/72/2018	SHO, Yerragondapalem vs Peram Ramana Reddy	08 Feb 2020	Judgment	—
CC/73/2019	Kasetty Nagesh Kumar vs Pagadala Mallikarjuna	08 Feb 2020	Judgment	—
CC/97/2020	SHO, Markapur (Town) vs Shaik Sattar	08 Feb 2020	Judgment	—
CC/98/2020	SHO, Markapur (Town) vs Uppuluri Vijayendra Babu	08 Feb 2020	Judgment	—
CC/99/2018	SHO, Pullalacheruvu vs Yellareddy Venkateswara REddy	08 Feb 2020	Judgment	—
CC/102/2020	SHO, Markapur (Town) vs Shaik Khasim Vali	08 Feb 2020	Judgment	—
CC/103/2020	SHO, Markapur (Town) vs Shaik Chand Basha	08 Feb 2020	Judgment	—
CC/104/2020	SHO Markapur (Rural) vs Maramreddy Tirupathireddy	08 Feb 2020	Judgment	—
CC/109/2020	SHO, Thripuranthakam vs Podili Narayana @ Pedda Venkata Narayana @ Pedda Narayana	08 Feb 2020	Judgment	—
CC/118/2020	SHO Markapur (Rural) vs Shaik Rasool	08 Feb 2020	Judgment	—
CC/119/2020	SHO Markapur (Rural) vs Shaik Ismail	08 Feb 2020	Judgment	—
CC/120/2019	SHO, Yerragondapalem vs Bonam Bhusaiah	08 Feb 2020	Judgment	—
CC/121/2020	SHO Markapur (Rural) vs Mandal Thirupathi	08 Feb 2020	Judgment	—
CC/134/2020	SHO, Peddaraveedu vs Onteru Kasaiah	08 Feb 2020	Judgment	—

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Monthly Orders (Last 12 Months)

Jul 2020		2
Jun 2020		8
May 2020		5
Mar 2020		40
Feb 2020		142
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Dec 2019		192
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Sep 2019		148
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Frequently Asked Questions

How many cases has P.Shiyaz Khan handled?

P.Shiyaz Khan has handled 2574 court orders since 2017 at VI Addl District Court, Markapur. The average disposal rate is 67 orders per month.

What types of cases does P.Shiyaz Khan hear?

Based on available records, P.Shiyaz Khan primarily handles Criminal matters (Criminal Cases) and Civil matters (Original Suits) at VI Addl District Court, Markapur.

Where is P.Shiyaz Khan currently posted?

P.Shiyaz Khan is posted as Addl.Junior Civil Judge, Markapur at VI Addl District Court, Markapur, Prakasham, Andhra Pradesh.

Are judgments by P.Shiyaz Khan available online?

Yes. 5 judgments by P.Shiyaz Khan are available on Legistro with full text, outcome, and sections cited.

How fast does P.Shiyaz Khan dispose cases?

P.Shiyaz Khan disposes approximately 67 cases per month, based on 2574 orders handled over their tenure at VI Addl District Court, Markapur.

Since when is P.Shiyaz Khan serving?

P.Shiyaz Khan has been serving at VI Addl District Court, Markapur since 2017.

Case Types

CC 72%

CRLMP 12%

MC 7%

PRC 6%

DVC 3%

CRL 0%

STC 0%

OS 0%

Posting History

May 2017 — Jul 2020

Addl.Junior Civil Judge, Markapur · 2,574 orders

Outcomes on Record

Acquitted 5

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Sri B.Devendra Reddy

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2,031 orders

Sri M.Balaji

Addl.Junior Civil Judge, Markapur

1,939 orders

Sri J.Kishore Kumar

Prl. Junior Civil Judge, Markapur

1,610 orders

← View all judges at VI Addl District Court, Markapur