Sri R.Venkateswara Sarma

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.1

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1251 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Shaik Subhani S/o China Mira, 51 years, R/o Ammanabrolu village, N.G.Padu mandal, Prakasam District. … Accused

This case presented before me on 03-08-2022 for hearing, in the presence of Assistant Public Prosecutor for the State and of Sri SK.Karimulla, Advocate for the accused and having stood over consideration till this day, this court delivered the following:

J U D G M E N T

1.This case arises out of Cr. No.68/2021 for the offence under section 34(a) of A.P. Excise Act, 1968 (for short “Excise Act”) registered by Prohibition & Excise Inspector of Ongole, with the following allegations:-

2.In brief, it is the case of prosecution that, on 06-09-2021 at 4-45 PM, PW2 Sub-Inspector of Police, SEB, Ongole, while conducting route checks in order to detect excise offences, along with his team,

PW1, and LW2(Y.Siva Sankara Rao) and after reaching NTR statue, Bus

Stand center, Ammanabrolu village, they noticed a person carrying plastic bag. Thereafter, on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. He sent PW1 for securing mediators, but as nobody came forward, he enquired the said person, who disclosed his particulars as accused

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.2 herein, and confessed that, the plastic bag consists of liquor bottles, and then he searched the cover and found 15 bottles of 180ml Green Choice

Superior whiskey and 15 bottles of 180ml Golden Reserve Prestige whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from liquor shops at Ammanabrolu, in order to sell it in open market. Thereupon, PW2 drawn two sample bottles from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the

SEB station and handed over to PW2 for further enquiries.

Further basing on the special report, he registered a case in

Cr.No.68/2021 U/sec.34-A of AP Excise Act, issued FIR, sent the accused to Court for remand. During the course of investigation, PW3 sent the sample for chemical analysis, and received analysis report, and on receipt of proceedings of Deputy Commissioner, the remaining property was destroyed. Having completed the entire investigation, she charge sheeted the accused, for the offence indicated above.

3.The Court took cognizance of the offence under Section 34(a) of A.P. Excise Act, 1968.

4.Accused put in appearance before the Court, copies of documents as contemplated under section 207 Cr.P.C., are furnished to him.

5.Accused is examined under section 239 of Cr.P.C., explaining the accusation made against him and charge under Section 34(a) of A.P.

Excise Act, have been framed, read over and explained to him, in

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.3

Telugu, for which, he pleaded not guilty and claimed to be tried.

6.The prosecution in order to prove the complicity of the accused, examined PWs.1 to 3 and got marked Exs.P1 to Ex.P4 and MO1 and MO2 marked.

7.Accused is examined under section 313(1)(a) Cr.P.C. by explaining the incriminating material appearing from the evidence of prosecution witnesses, for which, he denied the same and reported no defence evidence.

8. I have heard the learned Assistant Public Prosecutor and learned counsel for accused.

9.Now, the point for determination is:-

“Whether the prosecution proved its case beyond all

reasonable doubt that the accused committed the

offences punishable under Section 34(a) of A.P.

Excise Act 1968, as alleged by the prosecution”?

10. POINT:

Accused has been charged on the allegation that, he was found in possession of property in question, namely, 15 bottles of 180ml Green

Choice Superior whiskey and 15 bottles of 180ml Golden Reserve

Prestige whiskey, without any valid license or permit, in violation of the provisions of Section 34(a) of the Act, and having noticed the same,

PW2(K.Srinivasulu) Sub-Inspector of Police, SEB, Ongole, seized the property, conducted enquiries, along with his team, and later PW2 registered crime, PW3 sent the samples for chemical examination, and on receipt of the report, she filed final report, and basing on the material gathered by prosecution, accused was put to a questionnaire, explaining the contents of charge, however, his plea is one of total denial.

11.As could be seen from the testimony of PW1(K.Srinivasulu)

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.4

Excise Constable, SEB, Ongole, it appears that, on 06-09-2021 at 4- 45PM, he accompained PW2, LW2(M.V.Gopala Krishna) went to the place of offence for conducting route checks and after reaching

Ammanabrolu village, they noticed a person, containing plastic bag.

Thereafter, on suspicion, PW2 went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. PW2 sent him for securing mediators, but as nobody came forward, PW2 enquired the said person, who disclosed his particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then PW2 searched the cover and found 15 bottles of 180ml Green Choice

Superior whiskey and 15 bottles of 180ml Golden Reserve Prestige whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from

Ammanabrolu, in order to sell it in open market. Thereupon, he seized two sample bottles from the property found in possession of accused under cover of MO1 and MO2, sealed it, for sending it to analysis, also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

12.PW2(M.V.Goala Krishna) Sub-Inspector of police, SEB,

Ongole, has testified that 06-09-2021 at 4-45 PM, while conducting route checks in order to detect excise offences, along with his team,

PW1, and LW2(Y.Siva Sankara Rao) and after reaching NTR statue, Bus

Stand center, Ammanabrolu village, they noticed a person carrying plastic bag, and on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. He sent

PW1 for securing mediators, but as nobody came forward, he enquired

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.5 the said person, who disclosed his particulars as accused herein, and confessed that, the plastic bag consists of liquor bottles, and then he searched the cover found 15 bottles of 180ml Green Choice Superior whiskey and 15 bottles of 180ml Golden Reserve Prestige whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from liquor shops at

Ammanabrolu, in order to sell it in open market. Thereupon, PW2 drawn two sample bottles from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the SEB station and handed over to PW2 for further enquiries

13.PW3(B.Latha) Inspector of Police, then worked at SEB,

Ongole, has deposed that, during the course of investigation, she sent the sample for chemical analysis, and received report under Ex.P3, confiscated the remaining property after obtaining permission from

Deputy Commissioner under Ex.P4, and after completion of investigation, she charge sheeted the accused.

13.Thus, it appears from the evidence referred to above that,

PW1, PW2 and LW2 said to have reached the scene of offence, in order to detect excise offences, whereof, they claimed to have found the accused in possession of property in question, and prepared Ex.P1

Special Report, basing on his confession admitting the offence alleged.

14.It is the contention of the accused that, the place of offence is a busy area, but despite availability of number of persons at the place of offence, the police team for the obvious reasons known to it, could not

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.6 secure any independent mediators, and failed to follow the mandatory provisions of section 100(4) Cr.P.C, and that, the investigating agency failed to examine any independent witness in support of its case and only for statistical purpose, to satisfy their superiors, accused has been falsely implicated.

15.It is evident from the material on record that, certain contraband was seized by PW2 from the alleged possession of accused, on the ground that, he was selling the liquor bottles without any valid license, for higher price. It is not the case of prosecution that, the place of offence is an isolated one, and far away from public view, for the reason of admission of PW2 that, scene of offence is a busy area. PW2 who registered crime ought to have examined VRO and VRA, of the place of offence to strengthen their case, but for the obvious reasons known to him, no such effort has been made by him. Though, he stated that he tried for securing independent persons, for acting as mediators, and nobody came forward as was reflected in Ex.P1 special report, admittedly, the recitals under Ex.P1 did not reflect the details of the persons, whom he enquired, for acting as mediators, and no notice in writing is given, and therefore, in the absence of such relevant material, either in Ex.P1 special report or in his evidence, it cannot be said that, he has made his best efforts to secure either the local inhabitants or the revenue officials for acting as mediators, and thereby he has violated the mandatory provisions of section 100(4) Cr.P.C. These circumstance throws any amount of doubt, with regard to the alleged confession of the accused, and seizure of property in question. If really, the evidence of

PW2 that, accused confessed before him that, he was selling the liquor bottles for higher price, without license is true, he should have seized some amounts from the possession of the accused, but it is not the case

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.7 of prosecution. However, PW1 has admitted in his cross-examination that, they did not examine the persons, to whom accused tried to seel the property. There is also no proof to show that, accused intends to sell the liquor bottles in his possession to gain profit. Had PW2 secured independent local inhabitants for acting as mediators, the case projected by the prosecuting party could have been appreciated, for the reason that, if any police officer wants to seize any articles from the possession of suspected person, he/she must follow the procedure, as contemplated u/s.100(4) Cr.P.C, but in fact, such exercise has not been made by the investigating team, and no material in the form of documentary evidence is let in to support her explanation to the effect that, he tried to secure independent mediators, but none were available.

16.The offence u/s.34(a) of the Act, is made cognizable and once the excise officials are entrusted with the investigation of the cognizable offence, they become police officials, and if they failed to follow the procedure contemplated, as is referred above, the proceedings undertaken by the said agency, do not stand for judicial scrutiny. The special report drafted by PW2 is nothing but the confessional statement of accused, and as such, it is hit by section 25 & 27 of Indian Evidence

Act. Apparently, the investigating agency failed to comply the provisions of section 55 of AP Excise Act, and section 100(4) Cr.P.C, at the time of search and seizure of the property in question from the possession of accused, and therefore, the entire exercise of enquiries claimed to have been carried out by the investigating agency is not in accordance with the law laid down in the case of STATE Vs. ARUN 1 . The same ratio has been laid down in the case of S.BABU SAHEB @ BABU VS. STATE OF

ANDHRA PRADESH 2 1AIR 2003 SC 801 22010 (1) ALT (CRL.) 32

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.8

17.The Analyst report covered by Ex.P3 indicates that, the sample was received on 09-09-2021, whereas, according to P.W.1, it was drawn on 06-09-2021. There appears delay of four days in sending the sample for chemical examination. No plausible explanation, whatsoever has been offered by the prosecution, about the delay in sending the sample bottle to the Analyst, and it is one of the important circumstances, for doubting the case of prosecution.

18.In the case at hand, except the interested testimony of Police

Officials, no independent witnesses are examined and the alleged confession of the accused, is not based on sound principle of law. These circumstances make this court to record a finding of not guilt against the accused, for want of legal and acceptable evidence, which I do accordingly.

19.In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act. Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 and MO2 two sample bottles, vide CPR No.45/2022, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on computer by the Stenographer, corrected and pronounced by me in open court this the 12 th day of August, 2022.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Appendix of evidence Witnesses examined

For ProsecutionFor Defence PW.1 : K.Srinivasulu(Constable) -Nil- PW.2 : M.V.Gopala Krishna(Sub-Inspector of police) PW.3 : B.Latha(Inspector of police)

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.9

Exhibits Marked For ProsecutionFor Defense Ex.P1 : Special ReportNil Ex.P2 : First Information Report Ex.P3 : Analysis report Ex.P4 : Attested of proceedings of Deputy Commissioner

Material Objects Marked MO.1 : One sample bottle of Green Choice Superior whiskey of 180ml MO.2 : One sample bottle of Golden Reserve Prestige whiskey of 180ml

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Typed by Sri.A.B.Srinivas, Stenographer.

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.10

Copy to CALENDER AND JUDGMENT

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1251 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Shaik Subhani S/o China Mira, 51 years, R/o Ammanabrolu village, N.G.Padu mandal, Prakasam District. … Accused

Charges under section(s) : Sec. 34(a) of AP Excise Act Date of occurrence:06-09-2021 Date of report:06-09-2021 Date of appearance:07-09-2021 Date of commencement of trial:29-07-2022 Date of closure of trial:03-08-2022 Date of hearing :03-08-2022 Date of Judgment:12-08-2022

Plea of the Accused :Pleaded not guilty Finding of the Accused :Found not guilty

Result of the Case: In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act.

Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 and MO2 two sample bottles, vide CPR No.45/2022, shall be destroyed after expiry of appeal time.

Explanation for the delay :The case was taken on file on 06-07-2022.

On 25-07-2022 copies furnished to the accused, and he is examined u/s.239 Cr.P.C., charge u/s.34(a) of AP Excise Act, framed against the accused, read over and explained to him in Telugu, for which he denied the offence and claimed to be tried. On behalf of prosecution, PWs.1 to 3

Excise Court, Ongole.

CC No.1251 of 2022

August, 12, 2022, Page No.11 were examined, Ex.P1 to P4 were marked and marked MO.1 and MO2.

After closure of prosecution side evidence, accused examined u/s.313

Cr.P.C., on 03-08-2022 by examining the incriminating portion of prosecution evidence in question form, in Telugu, for which he denied and reported no defence evidence. On 03-08-2022, heard arguments and

pronounced the judgment on 12-08-2022. Hence, the delay.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

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

Copy to: The Superintendent, Proh. & Excise, Ongole.

Copy to The Superintendent of Police, Ex

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.1

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1253 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Kommineni Harichandra Prasad, S/o Venkateswarlu, 30 years, R/o Thurupu Naidupalem village, Tangutur mandal. … Accused

This case presented before me on 03-08-2022 for hearing, in the presence of Assistant Public Prosecutor for the State and of Sri B.Krishna Kishore, Advocate for the Accused and having stood over consideration till this day, this court delivered the following:

J U D G M E N T

1.This case arises out of Cr. No.67/2021 for the offence under section 34(a) of A.P. Excise Act, 1968 (for short “Excise Act”) registered by Prohibition & Excise Inspector of Ongole, with the following allegations:-

2.In brief, it is the case of prosecution that, on 31-08-2021 at 5-30 PM, PW2 Inspector of Police, SEB, Ongole, while conducting route checks in order to detect excise offences, along with her team, PW1 and

LW2(B.Praveen) and after reaching Saibaba temple, Thurupu

Naidupalem, Tangutur, they went to the shop No.35-4-17 and found a person in the said shop. Thereafter, on suspicion, she went there, and enquired that they got reliable information that the said person is selling the liquor bottles, and issued search proceedings. Then during search,

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.2 she found white plastic bag and found 16 bottles of Good Friends Deluxe whiskey of 180ml and 8 bottles of Green choice Superior whiskey of 180ml, without HEALS, which are meant for sale in A.P., PW1 tried to secure mediators, but as nobody came forward, when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from Government wine shop at

Tangutur town, in order to sell it in open market. Thereupon, she had drawn two sample bottles from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the

Excise police station, for further enquiries.

Basing on the special report, she registered a case in

Cr.No.67/2021 U/sec.34-A of AP Excise Act, issued FIR, sent the accused to Court for remand. During the course of investigation, she sent the sample for chemical analysis, and received analysis report, and on receipt of proceedings of Deputy Commissioner, the remaining property was destroyed. Having completed the entire investigation, she charge sheeted the accused, for the offence indicated above.

3.The Court took cognizance of the offence under Section 34(a) of A.P. Excise Act, 1968.

4.Accused put in appearance before the Court, copies of documents as contemplated under section 207 Cr.P.C., are furnished to him.

5.Accused is examined under section 239 of Cr.P.C., explaining the accusation made against him and charge under Section 34(a) of A.P.

Excise Act, have been framed, read over and explained to him, in

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.3

Telugu, for which, he pleaded not guilty and claimed to be tried.

6.The prosecution in order to prove the complicity of the accused, examined PWs.1 and 2 and got marked Exs.P1 to Ex.P5 and

MO1 and MO2 marked.

7.Accused is examined under section 313(1)(a) Cr.P.C. by explaining the incriminating material appearing from the evidence of prosecution witnesses, for which, he denied the same and reported no defence evidence.

8. I have heard the learned Assistant Public Prosecutor and learned counsel for accused.

9.Now, the point for determination is:-

“Whether the prosecution proved its case beyond

reasonable all doubt that the accused committed the

offences punishable under Section 34(a) of A.P.

Excise Act 1968, as alleged by the prosecution”?

10. POINT:

Accused has been charged on the allegation that, he was found in possession of property in question, namely, 16 bottles of Good Friends

Deluxe whiskey of 180ml and 8 bottles of Green choice Superior whiskey of 180ml, without any valid license or permit, in violation of the provisions of Section 34(a) of the Act, and having noticed the same,

PW2(B.Latha) Inspector of Police, SEB, Ongole, seized the property, conducted enquiries, along with her team, and later she registered crime, sent the sample for chemical examination, and on receipt of the report, she filed final report, and basing on the material gathered by prosecution, accused was put to a questionnaire, explaining the contents of charge, however, his plea is one of total denial.

11.As could be seen from the testimony of PW1(M.V.Koteswara

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.4

Rao) Head Constable, SEB, Ongole, it appears that, on 31-08-2021 he accompanied with PW2 and LW2(B.Praveen) proceeded to the place of offence for conducting raids, and after reaching the shop No.35-4-17 at

Thurpu Naidupalem, Tangutur, where PW2 on suspicion, she went there and enquired stating that they got reliable information that the person present in the shop is selling the liquor bottles. He tried to secure mediators, but as nobody came forward, PW2 enquired the said person, who disclosed his particulars as accused herein, and then she served search proceedings under Ex.P2, searched the shop found 16 bottles of

Good Friends Deluxe whiskey of 180ml and 8 bottles of Green choice

Superior whiskey of 180ml, without HEALS, which are meant for sale in

A.P., when questioned, accused has stated that, he had no valid bills, for having in possession of the liquor bottles, which he purchased from

Government wine shops at Tangutur, in order to sell it in open market.

Thereupon, PW2 seized two sample bottle from the property found in possession of accused under MO1 and MO2, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

12.PW2(B.Latha) Inspector of Police, SEB station, Ongole, has deposed that, on 31-08-2021 at 5-30 PM, while conducting route checks in order to detect excise offences, along with her team, PW1 and

LW2(B.Praveen) and after reaching Saibaba temple, Thurupu

Naidupalem, Tangutur, they went to the shop No.35-4-17 and found a person in the said shop. Thereafter, on suspicion, she went there, and informed that they got reliable information that the said person is selling the liquor bottles. Then, she issued search proceedings, searched and found white plastic bag containing 16 bottles of Good Friends

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.5

Deluxe whiskey of 180ml and 8 bottles of Green choice Superior whiskey of 180ml, without HEALS, which are meant for sale in A.P., PW1 tried to secure mediators, but as nobody came forward, when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from Government wine shop at Tangutur town, in order to sell it in open market.

Thereupon, she had drawn two sample bottles from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the Excise police station, for further enquiries.

13.Thus, it appears from the evidence referred to above that,

PW1, LW1 and PW2 said to have reached the scene of offence, in order to detect excise offences, whereof, they claimed to have found the accused in possession of property in question, and prepared Ex.P1

Special Report, basing on his confession admitting the offence alleged.

14.It is the contention of the accused that, the place of offence is surrounded by residential area, but despite availability of number of persons at the place of offence, the police team for the obvious reasons known to it, could not secure any independent mediators, and failed to follow the mandatory provisions of section 100(4) Cr.P.C, and that, the investigating agency failed to examine any independent witness in support of its case and only for statistical purpose, to satisfy their superiors, accused has been falsely implicated.

15.It is evident from the material on record that, certain contraband was seized by PW2 from the alleged possession of accused, on the ground that, he was selling the liquor bottles without any valid

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.6 license, for higher price. It is not the case of prosecution that, the place of offence is an isolated one, and far away from public view, for the reason of admission of PW1 and PW2 that, scene of offence is surrounded by residential area. PW2 who registered crime ought to have examined

VRO and VRA, of the place of offence to strengthen their case, but for the obvious reasons known to her, no such effort has been made by her.

PW1 has admitted in his cross-examination that, he did not tried to secure independent persons in surrounding residential area, for acting as mediators. Admittedly, the recitals under Ex.P1 did not reflect the details of the persons, whom PW1 enquired, for acting as mediators, and therefore, in the absence of such relevant material, either in Ex.P1 special report or in her evidence, it cannot be said that, she has made her best efforts to secure either the local inhabitants or the revenue officials for acting as mediators, and thereby she has violated the mandatory provisions of section 100(4) Cr.P.C. These circumstance throws any amount of doubt, with regard to the alleged confession of the accused, and seizure of property in question. If really, the evidence of

PW2 that, accused confessed before her that, he was selling the liquor bottles for higher price, without license is true, she should have seized some amounts from the possession of the accused, but it is not the case of prosecution. There is also no proof to show that, accused intends to sell the liquor bottles in his possession to gain profit. Had PW2 secured independent local inhabitants for acting as mediators, the case projected by the prosecuting party could have been appreciated, for the reason that, if any police officer wants to seize any articles from the possession of suspected person, he/she must follow the procedure, as contemplated u/s.100(4) Cr.P.C, but in fact, such exercise has not been made by the investigating team, and no material in the form of documentary

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.7 evidence is let in to support his explanation to the effect that, she tried to secure independent mediators, but none were available. No documentary evidence is collected to show that, accused is the owner of the shop. PW2 further admitted that, she did not ascertain the contents of remaining property. She further admitted that, no GD entry was made regarding the information she received. These are some of the circumstances, for doubting the enquiries she made.

16.The offence u/s.34(a) of the Act, is made cognizable and once the excise officials are entrusted with the investigation of the cognizable offence, they become police officials, and if they failed to follow the procedure contemplated, as is referred above, the proceedings undertaken by the said agency, do not stand for judicial scrutiny. The special report covered by Ex.P1 is nothing but the confessional statement of accused, and as such, it is hit by section 25 & 27 of Indian

Evidence Act, as the investigating agency failed to comply the provisions of section 55 of AP Excise Act, and section 100(4) Cr.P.C, at the time of search and seizure of the property in question from the possession of accused, and therefore, the entire exercise of enquiries claimed to have been carried out by the investigating agency is not in accordance with the law laid down in the case of STATE Vs. ARUN 1 . The same ratio has been laid down in the case of S.BABU SAHEB @ BABU VS. STATE OF

ANDHRA PRADESH 2

17.The Analyst report covered by Ex.P4 indicates that, the sample was received on 09-09-2021, whereas, according to P.W.1, it was drawn on 31-08-2021. There appears delay of 10 days in sending the samples for chemical examination. No plausible explanation, whatsoever has been offered by the prosecution, about the delay in sending the 1AIR 2003 SC 801 22010 (1) ALT (CRL.) 32

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.8 sample bottle to the Analyst, and it is one of the important circumstances, for doubting the case of prosecution.

18.In the case at hand, except the interested testimony of Police

Officials, no independent witnesses are examined and the alleged confession of the accused, is not based on sound principle of law. These circumstances make this court to record a finding of not guilt against the accused, for want of legal and acceptable evidence, which I do accordingly.

19.In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act. Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 and MO2 are samples bottles, vide CPR No.44/2022, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on computer by the Stenographer, corrected and pronounced by me in open court this the 12 th day of August, 2022.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Appendix of evidence Witnesses examined

For ProsecutionFor Defense PW.1 : M.V.Koteswara Rao(Constable) -Nil- PW.2 : B.Latha(Inspector of police)

Exhibits Marked For ProsecutionFor Defense Ex.P1 : Special ReportNil Ex.P2 : Search proceedings Ex.P3 : First Information Report Ex.P4 : Analysis Report Ex.P5 : Proceedings of Deputy Commissioner

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.9

Material Objects Marked MO.1 : One sample bottle of Good Friends Deluxe whiskey of 180ml MO.2 : One sample bottle of Green choice Superior whiskey of 180ml

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Typed by Sri.A.B.Srinivas, Stenographer.

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.10

Copy to CALENDER AND JUDGMENT

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1253 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Kommineni Harichandra Prasad, S/o Venkateswarlu, 30 years, R/o Thurupu Naidupalem village, Tangutur mandal. … Accused

Charges under section(s) : Sec. 34(a) of AP Excise Act Date of occurrence:31-08-2021 Date of report:31-08-2021 Date of appearance:01-09-2021 Date of commencement of trial:29-07-2022 Date of closure of trial:03-08-2022 Date of hearing :03-08-2022 Date of Judgment:12-08-2022

Plea of the Accused :Pleaded not guilty Finding of the Accused :Found not guilty

Result of the Case: In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act.

Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 and MO2 are samples bottles, vide CPR

No.44/2022, shall be destroyed after expiry of appeal time.

Explanation for the delay :The case was taken on file on 06-07-2022.

On 25-07-2022 copies furnished to the accused, and he is examined u/s.239 Cr.P.C., charge u/s.34(a) of AP Excise Act, framed against the

Excise Court, Ongole.

CC No.1253 of 2022

August, 12, 2022, Page No.11 accused, read over and explained to him in Telugu, for which he denied the offence and claimed to be tried. On behalf of prosecution, PWs.1 and 2 were examined, Ex.P1 to P5 were marked and marked MO.1 and MO2.

After closure of prosecution side evidence, accused examined u/s.313

Cr.P.C., on 03-08-2022 by examining the incriminating portion of prosecution evidence in question form, in Telugu, for which he denied and reported no defence evidence. On 03-08-2022, heard arguments and

pronounced the judgment on 12-08-2022. Hence, the delay.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

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

Copy to: The Superintendent, Proh. & Excise, Ongole.

Copy to The Superintendent of Police, Ex

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.1

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1254 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Talathoti Jayamma W/o Jaya Rao, R/o Harijanawada, Throvagunta village, Ongole mandal. … Accused

This case presented before me on 03-08-2022 for hearing, in the presence of Assistant Public Prosecutor for the State and of Sri N.Veeranjaneyulu, Advocate for the Accused and having stood over consideration till this day, this court delivered the following:

J U D G M E N T

1.This case arises out of Cr. No.69/2021 for the offence under section 34(a) of A.P. Excise Act, 1968 (for short “Excise Act”) registered by Prohibition & Excise Inspector of Ongole, with the following allegations:-

2.In brief, it is the case of prosecution that, on 08-09-2021 at 8-30 AM, PW2 Inspector of Police, SEB, Ongole, while conducting route checks in order to detect excise offences, along with her team, PW1 and

LW2(B.Praveen) and after reaching Throvagunta on the way from

Ongole to Guntur under the fly over, they noticed a female person carrying a black plastic cover. Thereafter, on suspicion, she went there, and on seeing her, she tried to escape, and then, they caught hold her and enquired. PW2 sent PW1 for securing mediators, but as nobody came forward, she enquired the said female person, who disclosed her

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.2 particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then she searched the cover and found 15 bottles of 180ml Green Choice Superior whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, she had no valid bills for having in possession of the liquor bottles, which she purchased from Government retail outlets at Ongole, in order to sell it in open market. Thereupon, PW2 drawn one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

Further basing on the special report, she registered a case in

Cr.No.69/2021 U/sec.34-A of AP Excise Act, issued FIR, sent the accused to Court for remand. During the course of investigation, she sent the sample for chemical analysis, and received analysis report, and on receipt of proceedings of Deputy Commissioner, the remaining property was destroyed. Having completed the entire investigation, she charge sheeted the accused, for the offence indicated above.

3.The Court took cognizance of the offence under Section 34(a) of A.P. Excise Act, 1968.

4.Accused put in appearance before the Court, copies of documents as contemplated under section 207 Cr.P.C., are furnished to her.

5.Accused is examined under section 239 of Cr.P.C., explaining the accusation made against her and charge under Section 34(a) of A.P.

Excise Act, have been framed, read over and explained to her, in Telugu, for which, she pleaded not guilty and claimed to be tried.

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.3

6.The prosecution in order to prove the complicity of the accused, examined PWs.1 and 2 and got marked Exs.P1 to Ex.P4 and

MO1 marked.

7.Accused is examined under section 313(1)(a) Cr.P.C. by explaining the incriminating material appearing from the evidence of prosecution witnesses, for which, she denied the same and reported no defence evidence.

8. I have heard the learned Assistant Public Prosecutor and learned counsel for accused.

9.Now, the point for determination is:-

“Whether the prosecution proved its case beyond all

reasonable doubt that the accused committed the

offences punishable under Section 34(a) of A.P.

Excise Act 1968, as alleged by the prosecution”?

10. POINT:

Accused has been charged on the allegation that, she was found in possession of property in question namely Green choice Superior whiskey-15 bottles of 180ml each, without any valid license or permit, in violation of the provisions of Section 34(a) of the Act, and having noticed the same, PW2(B.Latha) Inspector of Police, SEB, Ongole, seized the property, conducted enquiries, along with her team, and later she registered crime, sent the sample for chemical examination, and on receipt of the report, she filed final report, and basing on the material gathered by prosecution, accused was put to a questionnaire, explaining the contents of charge, however, her plea is one of total denial.

11.As could be seen from the testimony of PW1(V.Srinivasaulu)

Excise Constable, Ongole, it appears that, on 08-09-2021 he accompanied PW2, along with LW2(B. Sai Praveen), Trainee SI, to the place of offence for conducting raids and after reaching Throvagunta

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.4 area, on way from Ongole to Guntur under fly over, they noticed a female person, carrying black plastic cover. Thereafter, on suspicion,

PW2 went there, and on seeing her, she tried to escape, and then, they caught hold him and enquired. On the instructions of PW2, he went for securing mediators, but as nobody came forward, she enquired the said person, who disclosed her particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then she searched the cover and found 15 bottles of 180ml Green Choice Superior whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, she had no valid bills for having in possession of the liquor bottles, which she purchased from unknown person, in order to sell it in open market. Thereupon, PW2 seized one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

12.PW.2(B.Latha) Inspector of Police, then worked at SEB,

Ongole, has deposed that, on 08-09-2021 at 8-30 AM, while conducting route checking in order to detect excise offences, along with her team

PW1 and LW2(B.Sai Praveen) and after reaching Throvagunta area on way from Ongole to Guntur under the fly over, they noticed a person, carrying black plastic cover. Thereafter, on suspicion, she went there, and on seeing her, she tried to escape, and then, they caught hold her and enquired. She sent PW1 for securing mediators, but as nobody came forward, she enquired the said person, who disclosed her particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then she searched the cover found 15

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.5 bottles of 180ml Green Choice superior whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, she had no valid bills for having in possession of the liquor bottles, which she purchased from an unknown person, in order to sell it in open market. Then, she seized one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. She prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

13.Thus, it appears from the evidence referred to above that,

PW1, PW2 and LW2 said to have reached the scene of offence, in order to detect excise offences, whereof, they claimed to have found the accused in possession of property in question, and prepared Ex.P1

Special Report, basing on her confession admitting the offence alleged.

14.It is the contention of the accused that, the place of offence is a busy area, but despite availability of number of persons at the place of offence, the police team for the obvious reasons known to it, could not secure any independent mediators, and failed to follow the mandatory provisions of section 100(4) Cr.P.C, and that, the investigating agency failed to examine any independent witness in support of its case and only for statistical purpose, to satisfy their superiors, accused has been falsely implicated.

15.It is evident from the material on record that, certain contraband was seized by PW2 from the alleged possession of accused, on the ground that, she was selling the liquor bottles without any valid license, for higher price. It is not the case of prosecution that, the place of offence is an isolated one, and far away from public view, for the

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.6 reason of admission of PW2 that, scene of offence is a busy area. PW2 who registered crime ought to have examined VRO and VRA, of the place of offence to strengthen their case, but for the obvious reasons known to her, no such effort has been made by her. Though, she stated that she sent PW1 for securing independent persons, for acting as mediators, and nobody came forward as was reflected in Ex.P1 special report, admittedly, the recitals under Ex.P1 did not reflect the details of the persons, whom PW1 enquired, for acting as mediators, and no notice in writing is given, and therefore, in the absence of such relevant material, either in Ex.P1 special report or in her evidence, it cannot be said that, she has made her best efforts to secure either the local inhabitants or the revenue officials, for acting as mediators, and thereby she has violated the mandatory provisions of section 100(4) Cr.P.C.

These circumstance throws any amount of doubt, with regard to the alleged confession of the accused, and seizure of property in question. If really, the evidence of PW.2 that, accused confessed before her that, she was selling the liquor bottles for higher price, without license is true, she should have seized some amounts from the possession of the accused, but it is not the case of prosecution. There is also no proof to show that, accused intends to sell the liquor bottles in her possession to gain profit. Had PW.2 secured independent local inhabitants, for acting as mediators, the case projected by the prosecuting party could have been appreciated, for the reason that, if any police officer wants to seize any articles from the possession of suspected person, he/she must follow the procedure, as contemplated u/s.100(4) Cr.P.C, but in fact, such exercise has not been made by the investigating team, and no material in the form of documentary evidence is let in to support her explanation to the effect that, she tried to secure independent mediators, but none

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.7 were available.

16.The offence u/s.34(a) of the Act, is made cognizable and once the excise officials are entrusted with the investigation of the cognizable offence, they become police officials, and if they failed to follow the procedure contemplated, as is referred above, the proceedings undertaken by the said agency, do not stand for judicial scrutiny. The special report drafted by LW2 is nothing but the confessional statement of accused, and as such, it is hit by section 25 & 27 of Indian Evidence

Act. Apparently, the investigating agency failed to comply the provisions of section 55 of AP Excise Act, and section 100(4) Cr.P.C, at the time of search and seizure of the property in question from the possession of accused, and therefore, the entire exercise of enquiries claimed to have been carried out by the investigating agency is not in accordance with the law laid down in the case of STATE Vs. ARUN 1 . The same ratio has been laid down in the case of S.BABU SAHEB @ BABU VS. STATE OF

ANDHRA PRADESH 2

17.The Analyst report covered by Ex.P3 indicates that, the sample was received on 15-09-2021, whereas, according to P.W.2, it was drawn on 08-09-2021. There appears delay of 8 days in sending the sample for chemical examination. No plausible explanation, whatsoever has been offered by the prosecution, about the delay in sending the sample bottle to the Analyst, and it is one of the important circumstances, for doubting the case of prosecution.

18.In the case at hand, except the interested testimony of Police

Officials, no independent witnesses are examined and the alleged confession of the accused, is not based on sound principle of law. These 1AIR 2003 SC 801 22010 (1) ALT (CRL.) 32

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.8 circumstances make this court to record a finding of not guilt against the accused, for want of legal and acceptable evidence, which I do accordingly.

19.In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act. Accordingly, she is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.46/2022, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on computer by the Stenographer, corrected and pronounced by me in open court this the 12 th day of August, 2022.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Appendix of evidence Witnesses examined

For ProsecutionFor Defence PW.1 : V.Srinivasulu(Excise Constable) -Nil- PW.2 : B.Latha(Inspector of police)

Exhibits Marked For ProsecutionFor Defence Ex.P1 : Special ReportNil Ex.P2 : First Information Report Ex.P3 : Analysis Report Ex.P4 : Proceedings of Deputy Commissioner

Material Objects Marked MO.1 : One sample bottle of Green Choice Superior whiskey of 180ml

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Typed by Sri.A.B.Srinivas, Stenographer.

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.9

Copy to CALENDER AND JUDGMENT

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1254 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Talathoti Jayamma W/o Jaya Rao, R/o Harijanawada, Throvagunta village, Ongole mandal. … Accused

Charges under section(s) : Sec. 34(a) of AP Excise Act Date of occurrence:08-09-2021 Date of report:08-09-2021 Date of appearance:08-09-2021 Date of commencement of trial:28-07-2022 Date of closure of trial:03-08-2022 Date of hearing :03-08-2022 Date of Judgment:12-08-2022

Plea of the Accused :Pleaded not guilty Finding of the Accused :Found not guilty

Result of the Case: In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act.

Accordingly, she is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.46/2022, shall be destroyed after expiry of appeal time.

Explanation for the delay :The case was taken on file on 06-07-2022.

On 26-07-2022 copies furnished to the accused, and he is examined u/s.239 Cr.P.C., charge u/s.34(a) of AP Excise Act, framed against the accused, read over and explained to him in Telugu, for which he denied the offence and claimed to be tried. On behalf of prosecution, PWs.1 and 2

Excise Court, Ongole.

CC No.1254 of 2022

August, 12, 2022, Page No.10 were examined, Ex.P1 to P4 were marked and marked MO.1. After closure of prosecution side evidence, accused examined u/s.313 Cr.P.C., on 03-08- 2022 by examining the incriminating portion of prosecution evidence in question form, in Telugu, for which he denied and reported no defence evidence. On 03-08-2022, heard arguments and pronounced the judgment on 12-08-2022. Hence, the delay.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

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

Copy to: The Superintendent, Proh. & Excise, Ongole.

Copy to The Superintendent of Police, Ex

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.1

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1250 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Tata Venkateswarlu S/o Venkatachalam, 59 years, R/o Desaipeta village, Vetapalem mandal. Prakasam District. … Accused

This case presented before me on 11-08-2022 for hearing, in the presence of Assistant Public Prosecutor for the State and of Sri Y.Ramesh, Advocate for the accused and having stood over consideration till this day, this court delivered the following:

J U D G M E N T

1.This case arises out of Cr. No.72/2021 for the offence under section 34(a) of A.P. Excise Act, 1968 (for short “Excise Act”) registered by Prohibition & Excise Inspector of Ongole, with the following allegations:-

2.In brief, it is the case of prosecution that, on 13-09-2021 at 8-00 PM, PW1 Sub-Inspector of Police, SEB, Ongole, while conducting vehicle checking in order to detect excise offences, along with his team,

LW1(K.Kishore), LW2(Sk.Shakeel) and LW3(K.Yedukondalu) and after reaching Kalvari temple, they noticed a person carrying plastic bag.

Thereafter, on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. PW1 tried for secure mediators, but as nobody came forward, he enquired the said person, who disclosed his particulars as accused herein, and confessed that, the plastic bag consists of liquor bottles, and then he searched the

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.2 cover found 18 bottles of 180ml 9 Sea Horse whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from liquor shops at Ongole town, in order to sell it in open market. Thereupon, PW1 drawn one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the SEB station and handed over to PW2 for further enquiries.

Basing on the special report, PW3 registered a case in

Cr.No.72/2021 U/sec.34-A of AP Excise Act, issued FIR, sent the accused to Court for remand. During the course of investigation, PW2 sent the sample for chemical analysis, and received analysis report, and on receipt of proceedings of Deputy Commissioner, the remaining property was destroyed. Having completed the entire investigation, she charge sheeted the accused, for the offence indicated above.

3.The Court took cognizance of the offence under Section 34(a) of A.P. Excise Act, 1968.

4.Accused put in appearance before the Court, copies of documents as contemplated under section 207 Cr.P.C., are furnished to him.

5.Accused is examined under section 239 of Cr.P.C., explaining the accusation made against him and charge under Section 34(a) of A.P.

Excise Act, have been framed, read over and explained to him, in

Telugu, for which, he pleaded not guilty and claimed to be tried.

6.The prosecution in order to prove the complicity of the accused, examined PWs.1 to 3 and got marked Exs.P1 to Ex.P4 and MO1

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.3 marked.

7.Accused is examined under section 313(1)(a) Cr.P.C. by explaining the incriminating material appearing from the evidence of prosecution witnesses, for which, he denied the same and reported no defence evidence.

8. I have heard the learned Assistant Public Prosecutor and learned counsel for accused.

9.Now, the point for determination is:-

“Whether the prosecution proved its case beyond all

reasonable doubt that the accused committed the

offences punishable under Section 34(a) of A.P.

Excise Act 1968, as alleged by the prosecution”?

10. POINT:

Accused has been charged on the allegation that, he was found in possession of property in question, namely, 9 Sea Horse whiskey-18 bottles of 180ml each, without any valid license or permit, in violation of the provisions of Section 34(a) of the Act, and having noticed the same,

PW1(Sd.Muneer Ahammad) Sub-Inspector of Police, SEB, Ongole, seized the property, conducted enquiries, along with his team, and later PW3 registered crime, PW2 sent the sample for chemical examination, and on receipt of the report, she filed final report, and basing on the material gathered by prosecution, accused was put to a questionnaire, explaining the contents of charge, however, his plea is one of total denial.

11.As could be seen from the testimony of PW1(Sd.Muneer

Ahammed) Sub-Inspector of Police, SEB, Ongole, it appears that, on 13- 09-2021 along with LW1(K.Kishore), LW2(SK.Shakeel) and

LW3(K.Yedukondalu, went to the place of offence for conducting raids and after reaching Kalvari temple, they noticed a person, containing plastic bag. Thereafter, on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. He

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.4 tried for securing mediators, but as nobody came forward, he enquired the said person, who disclosed his particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then she searched the cover and found 18 bottles of 180ml 9 Sea Horse whiskey, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from Ongole town, in order to sell it in open market. Thereupon, he seized one sample bottle from the property found in possession of accused under cover of MO1, sealed it, for sending it to analysis, also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the police station and handed over to PW2 for further enquiries.

12.PW3(M.V.Goala Krishna) Sub-Inspector of police, SEB,

Ongole, has deposed that on 13-09-2021 PW1 produced the accused along with property, basing on it, he registered FIR under Ex.P4, and sent the accused to Court for remand.

13.PW.2(B.Latha) Inspector of Police, then worked at SEB,

Ongole, has deposed that, during the course of investigation, she sent the sample for chemical analysis, and received report under Ex.P2, confiscated the remaining property after obtaining permission from

Deputy Commissioner under Ex.P3, and after completion of investigation, she charge sheeted the accused.

14.Thus, it appears from the evidence referred to above that,

PW1, LW1 to LW3 said to have reached the scene of offence, in order to detect excise offences, whereof, they claimed to have found the accused in possession of property in question, and prepared Ex.P1 Special

Report, basing on his confession admitting the offence alleged.

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.5

15.It is the contention of the accused that, the place of offence is a busy area, but despite availability of number of persons at the place of offence, the police team for the obvious reasons known to it, could not secure any independent mediators, and failed to follow the mandatory provisions of section 100(4) Cr.P.C, and that, the investigating agency failed to examine any independent witness in support of its case and only for statistical purpose, to satisfy their superiors, accused has been falsely implicated.

16.It is evident from the material on record that, certain contraband was seized by PW1 from the alleged possession of accused, on the ground that, he was selling the liquor bottles without any valid license, for higher price. It is not the case of prosecution that, the place of offence is an isolated one, and far away from public view, for the reason of admission of PW1 that, scene of offence is a busy area. PW3 who registered crime ought to have examined VRO and VRA, of the place of offence to strengthen their case, but for the obvious reasons known to him, no such effort has been made by him. Though, he stated that he tried for securing independent persons, for acting as mediators, and nobody came forward as was reflected in Ex.P1 special report, admittedly, the recitals under Ex.P1 did not reflect the details of the persons, whom he enquired, for acting as mediators, and no notice in writing is given, and therefore, in the absence of such relevant material, either in Ex.P1 special report or in his evidence, it cannot be said that, he has made his best efforts to secure either the local inhabitants or the revenue officials for acting as mediators, and thereby he has violated the mandatory provisions of section 100(4) Cr.P.C. These circumstance throws any amount of doubt, with regard to the alleged confession of the accused, and seizure of property in question. If really, the evidence of

PW1 that, accused confessed before him that, he was selling the liquor

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.6 bottles for higher price, without license is true, he should have seized some amounts from the possession of the accused, but it is not the case of prosecution. There is also no proof to show that, accused intends to sell the liquor bottles in his possession to gain profit. Had PW.1 secured independent local inhabitants for acting as mediators, the case projected by the prosecuting party could have been appreciated, for the reason that, if any police officer wants to seize any articles from the possession of suspected person, he/she must follow the procedure, as contemplated u/s.100(4) Cr.P.C, but in fact, such exercise has not been made by the investigating team, and no material in the form of documentary evidence is let in to support her explanation to the effect that, he tried to secure independent mediators, but none were available.

17.The offence u/s.34(a) of the Act, is made cognizable and once the excise officials are entrusted with the investigation of the cognizable offence, they become police officials, and if they failed to follow the procedure contemplated, as is referred above, the proceedings undertaken by the said agency, do not stand for judicial scrutiny. The special report drafted by PW1 is nothing but the confessional statement of accused, and as such, it is hit by section 25 & 27 of Indian Evidence

Act. Apparently, the investigating agency failed to comply the provisions of section 55 of AP Excise Act, and section 100(4) Cr.P.C, at the time of search and seizure of the property in question from the possession of accused, and therefore, the entire exercise of enquiries claimed to have been carried out by the investigating agency is not in accordance with the law laid down in the case of STATE Vs. ARUN 1 . The same ratio has been laid down in the case of S.BABU SAHEB @ BABU VS. STATE OF

ANDHRA PRADESH 2

18.The Analyst report covered by Ex.P2 indicates that, the 1AIR 2003 SC 801 22010 (1) ALT (CRL.) 32

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.7 sample was received on 15-09-2021, whereas, according to P.W.1, it was drawn on 13-09-2021. There appears delay of two days in sending the sample for chemical examination. No plausible explanation, whatsoever has been offered by the prosecution, about the delay in sending the sample bottle to the Analyst, and it is one of the important circumstances, for doubting the case of prosecution.

19.In the case at hand, except the interested testimony of Police

Officials, no independent witnesses are examined and the alleged confession of the accused, is not based on sound principle of law. These circumstances make this court to record a finding of not guilt against the accused, for want of legal and acceptable evidence, which I do accordingly.

20.In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act. Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.48/2022, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on computer by the Stenographer, corrected and pronounced by me in open court this the 12 th day of August, 2022.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Appendix of evidence Witnesses examined

For ProsecutionFor Defence PW.1 : SD.Muneer Ahamed(Sub-Inspector of police) -Nil- PW.2 : B.Latha(Inspector of police) PW.3 : M.V.Gopala Krishna(Sub-Inspector of police)

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.8

Exhibits Marked For ProsecutionFor Defense Ex.P1 : Special ReportNil Ex.P2 : Analysis report Ex.P3 : Attested of proceedings of Deputy Commissioner Ex.P4 : First Information Report

Material Objects Marked MO.1 : One sample bottle of 9 Sea Horse whiskey of 180ml

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Typed by Sri.A.B.Srinivas, Stenographer.

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.9

Copy to CALENDER AND JUDGMENT

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1250 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Tata Venkateswarlu S/o Venkatachalam, 59 years, R/o Desaipeta village, Vetapalem mandal. Prakasam District. … Accused

Charges under section(s) : Sec. 34(a) of AP Excise Act Date of occurrence:13-09-2021 Date of report:13-09-2021 Date of appearance:14-09-2021 Date of commencement of trial:28-07-2022 Date of closure of trial:03-08-2022 Date of hearing :11-08-2022 Date of Judgment:12-08-2022

Plea of the Accused :Pleaded not guilty Finding of the Accused :Found not guilty

Result of the Case: In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act.

Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.48/2022, shall be destroyed after expiry of appeal time.

Explanation for the delay :The case was taken on file on 06-07-2022.

On 25-07-2022 copies furnished to the accused, and he is examined u/s.239 Cr.P.C., charge u/s.34(a) of AP Excise Act, framed against the accused, read over and explained to him in Telugu, for which he denied the offence and claimed to be tried. On behalf of prosecution, PWs.1 to 3 were examined, Ex.P1 to P4 were marked and marked MO.1. After closure

Excise Court, Ongole.

CC No.1250 of 2022

August, 12, 2022, Page No.10 of prosecution side evidence, accused examined u/s.313 Cr.P.C., on 03-08- 2022 by examining the incriminating portion of prosecution evidence in question form, in Telugu, for which he denied and reported no defence evidence. On 11-08-2022, heard arguments and pronounced the judgment on 12-08-2022. Hence, the delay.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

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

Copy to: The Superintendent, Proh. & Excise, Ongole.

Copy to The Superintendent of Police, Ex

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.1

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1252 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

Yarazerla Siddaiah S/o Pedda Balaiah, 52 years, R/o Jayavaram village, Tangutur mandal. … Accused

This case presented before me on 10-08-2022 for hearing, in the presence of Assistant Public Prosecutor for the State and of Sri L.Koteswara Rao, Advocate for the Accused and having stood over consideration till this day, this court delivered the following:

J U D G M E N T

1.This case arises out of Cr. No.71/2021 for the offence under section 34(a) of A.P. Excise Act, 1968 (for short “Excise Act”) registered by Prohibition & Excise Inspector of Ongole, with the following allegations:-

2.In brief, it is the case of prosecution that, on 13-09-2021 at 5-30 PM, PW1(M.V.Gopala Krishna) Sub-Inspector of Police, SEB, Ongole, while conducting route checks in order to detect excise offences, along with his team, LW1(L.Hari Babu) and LW2(B.Sai Praveen) and after reaching Old NH-5 road, Tangutur-Ongole, they noticed a person carrying black plastic cover. Thereafter, on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. He sent LW1 for securing mediators, but as nobody came forward, he enquired the said person, who disclosed his particulars as accused herein, and confessed that, the plastic cover consists of liquor

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.2 bottles, and then he searched the cover and found 10 bottles 9 Sea

Horses whiskey of 180ml, without HEALS, which are meant for sale in

A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from

Ongole town, in order to sell it in open market. Thereupon, Pw1 drawn one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. Then, he prepared a special report, brought the accused along with property under seizure to the police station for further enquiries.

Further basing on the special report, Pw1 registered a case in Cr.No.71/2021 U/sec.34-A of AP Excise Act, issued FIR, sent the accused to Court for remand. During the course of investigation,

PW2(B.Latha), Inspector of Police, SEB, Ongole, on 14-09-2021 sent the sample for chemical analysis, and received analysis report, and on receipt of proceedings of Deputy Commissioner, the remaining property was destroyed. Having completed the entire investigation, she charge sheeted the accused, for the offence indicated above.

3.The Court took cognizance of the offence under Section 34(a) of A.P. Excise Act, 1968.

4.Accused put in appearance before the Court, copies of documents as contemplated under section 207 Cr.P.C., are furnished to him.

5.Accused is examined under section 239 of Cr.P.C., explaining the accusation made against him and charge under Section 34(a) of A.P.

Excise Act, have been framed, read over and explained to him, in

Telugu, for which, he pleaded not guilty and claimed to be tried.

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.3

6.The prosecution in order to prove the complicity of the accused, examined PWs.1 and 2 and got marked Exs.P1 to Ex.P4 and

MO1 marked.

7.Accused is examined under section 313(1)(a) Cr.P.C. by explaining the incriminating material appearing from the evidence of prosecution witnesses, for which, he denied the same and reported no defence evidence.

8. I have heard the learned Assistant Public Prosecutor and learned counsel for accused.

9.Now, the point for determination is:-

“Whether the prosecution proved its case beyond all

reasonable doubt that the accused committed the

offences punishable under Section 34(a) of A.P.

Excise Act 1968, as alleged by the prosecution”?

10. POINT:

Accused has been charged on the allegation that, he was found in possession of property in question, namely, 9Sea Horses whiskey-10 bottles 180ml each, without any valid license or permit, in violation of the provisions of Section 34(a) of the Act, and having noticed the same,

PW1 Sub-Inspector of Police, SEB, Ongole, seized the property, conducted enquiries, along with his team, and registered crime, and later PW2(B.Latha) Inspector of Police, SEB, Ongole sent the sample for chemical examination, and on receipt of the report, she filed final report, and basing on the material gathered by prosecution, accused was put to a questionnaire, explaining the contents of charge, however, his plea is one of total denial.

11.As could be seen from the testimony of PW1(M.V.Gopala

Krishna) Sub-Inspector of Police, SEB, Ongole, it appears that, on 13-09- 2021 he along with his team LW1(L.Hari Babu) and LW2(B.Sai Praveen),

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.4

Trainee SI, to the place of offence for conducting raids and after reaching old NH-5 road Tangutu-Ongole, they noticed a person carrying black ploythin cover. Thereafter, on suspicion, he went there, and on seeing him, he tried to escape, and then, they caught hold him and enquired. On his instructions LW1 went for securing mediators, but as nobody came forward, he enquired the said person, who disclosed his particulars as accused herein, and confessed that, the plastic cover consists of liquor bottles, and then he searched the cover and found 10 bottles of 9Sea Horses whiskey of 180ml each, without HEALS, which are meant for sale in A.P., when questioned, accused has stated that, he had no valid bills for having in possession of the liquor bottles, which he purchased from Ongole town, in order to sell it in open market.

Thereupon, he seized one sample bottle from the property found in possession of accused, sealed it, for sending it to analysis, and also sealed the remaining property, and kept it for safe custody. He prepared a special report, brought the accused along with property under seizure to the police station for further enquiries, basing on the special report, he registered Cr.No.71/2021 U/sec.34-A of A.P.Excise Act under Ex.P2, and he sent the accused to court for remand.

12.PW.2(B.Latha) Inspector of Police, then worked at SEB,

Ongole, has deposed that, on 14-09-2021 she sent the sample for chemical analysis, and obtained report, the remaining property was confiscated under Ex.P4, and after completion of investigation, she charge sheeted the accused.

13.Thus, it appears from the evidence referred to above that,

PW1, LW1 and LW2 said to have reached the scene of offence, in order to detect excise offences, whereof, they claimed to have found the accused in possession of property in question, and prepared Ex.P1

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.5

Special Report, basing on his confession admitting the offence alleged.

14.It is the contention of the accused that, the place of offence is a busy area, but despite availability of number of persons at the place of offence, the police team for the obvious reasons known to it, could not secure any independent mediators, and failed to follow the mandatory provisions of section 100(4) Cr.P.C, and that, the investigating agency failed to examine any independent witness in support of its case and only for statistical purpose, to satisfy their superiors, accused has been falsely implicated.

15.It is evident from the material on record that, certain contraband was seized by PW1 from the alleged possession of accused, on the ground that, he was selling the liquor bottles without any valid license, for higher price. It is not the case of prosecution that, the place of offence is an isolated one, and far away from public view, for the reason of admission of PW1 that, scene of offence is a busy area. PW1 who registered crime ought to have examined VRO and VRA, of the place of offence to strengthen their case, but for the obvious reasons known to him, no such effort has been made by him. Though, PW1 stated that he tried to secure independent persons, for acting as mediators, and nobody came forward as was reflected in Ex.P1 special report, admittedly, the recitals under Ex.P1 did not reflect the details of the persons, whom PW1 enquired, for acting as mediators, and no notice in writing is given, and therefore, in the absence of such relevant material, either in Ex.P1 special report or in his evidence, it cannot be said that, PW1 has made his best efforts to secure either the local inhabitants or the revenue officials for acting as mediators, and thereby he has violated the mandatory provisions of section 100(4) Cr.P.C. These circumstance throws any amount of doubt, with regard to the alleged

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.6 confession of the accused, and seizure of property in question. If really, the evidence of PW1 that, accused confessed before them that, he was selling the liquor bottles for higher price, without license is true, PW1 should have seized some amounts from the possession of the accused, but it is not the case of prosecution. There is also no proof to show that, accused intends to sell the liquor bottles in his possession to gain profit.

Had PW.1 secured independent local inhabitants for acting as mediators, the case projected by the prosecuting party could have been appreciated, for the reason that, if any police officer wants to seize any articles from the possession of suspected person, he/she must follow the procedure, as contemplated u/s.100(4) Cr.P.C, but in fact, such exercise has not been made by the investigating team, and no material in the form of documentary evidence is let in to support his explanation to the effect that, he tried to secure independent mediators, but none were available. He having stated that, he made GD entry, failed to file the same before the Court.

16.The offence u/s.34(a) of the Act, is made cognizable and once the excise officials are entrusted with the investigation of the cognizable offence, they become police officials, and if they failed to follow the procedure contemplated, as is referred above, the proceedings undertaken by the said agency, do not stand for judicial scrutiny. The special report drafted by PW1 is nothing but the confessional statement of accused, and as such, it is hit by section 25 & 27 of Indian Evidence

Act. Apparently, the investigating agency failed to comply the provisions of section 55 of AP Excise Act, and section 100(4) Cr.P.C, at the time of search and seizure of the property in question from the possession of accused, and therefore, the entire exercise of enquiries claimed to have been carried out by the investigating agency is not in accordance with

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.7 the law laid down in the case of STATE Vs. ARUN 1 . The same ratio has been laid down in the case of S.BABU SAHEB @ BABU VS. STATE OF

ANDHRA PRADESH 2

17.The Analyst report covered by Ex.P3 indicates that, the sample was received on 15-09-2021, whereas, according to P.W.1, it was drawn on 13-09-2021. There appears delay of two days in sending the sample for chemical examination. No plausible explanation, whatsoever has been offered by the prosecution, about the delay in sending the sample bottle to the Analyst, and it is one of the important circumstances, for doubting the case of prosecution.

18.In the case at hand, except the interested testimony of Police

Officials, no independent witnesses are examined and the alleged confession of the accused, is not based on sound principle of law. These circumstances make this court to record a finding of not guilt against the accused, for want of legal and acceptable evidence, which I do accordingly.

19.In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act. Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.47/2022, shall be destroyed after expiry of appeal time.

Typed to my dictation directly on computer by the Stenographer, corrected and pronounced by me in open court this the 12 th day of August, 2022.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

1AIR 2003 SC 801 22010 (1) ALT (CRL.) 32

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.8

Appendix of evidence Witnesses examined

For ProsecutionFor Defense PW.1 : M.V.Gopala Krishna(Sub-Inspector of Police) -Nil- PW.2 : B.Latha(Inspector of police)

Exhibits Marked For ProsecutionFor Defense Ex.P1 : Special ReportNil Ex.P2 : First Information Report Ex.P3 : Analysis Report Ex.P4 : Proceedings of Deputy Commissioner

Material Objects Marked MO.1 : One sample bottle of 9Sea Horses Whiskey of 180ml

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

Typed by Sri.A.B.Srinivas, Stenographer.

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.9

Copy to CALENDER AND JUDGMENT

IN THE COURT OF THE SPECIAL JUDICIAL MAGISTRATE OF FIRST CLASS,

EXCISE COURT :: ONGOLE.

Present: Sri R.Venkateswara Sharma Special Judicial Magistrate of I Class, Excise court, Ongole.

Friday, this the 12 th d ay of August, 2022

C.C. No. 1252 of 2022

Between: The Prohibition & Excise Inspector, Prohibition & Excise Station,

Ongole. ... Complainant

And

yarazerla Siddaiah S/o Pedda Balaiah, 52 years, R/o Jayavaram village, Tangutur mandal. … Accused

Charges under section(s) : Sec. 34(a) of AP Excise Act Date of occurrence:13-09-2021 Date of report:13-09-2021 Date of appearance:14-09-2021 Date of commencement of trial:29-07-2022 Date of closure of trial:10-08-2022 Date of hearing :10-08-2022 Date of Judgment:12-08-2022

Plea of the Accused :Pleaded not guilty Finding of the Accused :Found not guilty

Result of the Case: In the result, I find that, accused is not guilty for the offence under section 34(a) of A.P Excise Act.

Accordingly, he is acquitted under section 248(1) of Cr.P.C. The bail bonds of the accused shall be in force, for a period of six months under section 437-A Cr.P.C. The MO1 one sample bottle, vide CPR No.47/2022, shall be destroyed after expiry of appeal time.

Explanation for the delay :The case was taken on file on 06-07-2022.

On 25-07-2022 copies furnished to the accused, and he is examined u/s.239 Cr.P.C., charge u/s.34(a) of AP Excise Act, framed against the accused, read over and explained to him in Telugu, for which he denied

Excise Court, Ongole.

CC No.1252 of 2022

August, 12, 2022, Page No.10 the offence and claimed to be tried. On behalf of prosecution, PWs.1 and 2 were examined, Ex.P1 to P4 were marked and marked MO.1. After closure of prosecution side evidence, accused examined u/s.313 Cr.P.C., on 10-08- 2022 by examining the incriminating portion of prosecution evidence in question form, in Telugu, for which he denied and reported no defence evidence. On 10-08-2022, heard arguments and pronounced the judgment on 12-08-2022. Hence, the delay.

Spl. Judl. Magistrate of First Class, Excise Court, Ongole.

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

Copy to: The Superintendent, Proh. & Excise, Ongole.

Copy to The Superintendent of Police, Ex