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IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE
VIKARABAD:: RANGA REDDY DISTRICT
PRESENT: SMT. KAVITHA KAMALAPURAM, Judicial First Class Magistrate,
Vikarabad, R.R. District.
DATED, THIS THE 27 TH DAY OF MARCH, 2018
C.C. No. 26 OF 2018
Between: The State of Telangana through Prohibition and Excise Station, Marpally. …Complainant
1. A N D
Phakeera S/o. Rupla, Aged about 50 Years, Occ: ID Liquor Seller, R/o. Lachanaik Thanda, Mominpet Mandal, Vikarabad District. … Accused
This case is coming before me for final hearing in the presence of APP for the State and of Sri G. Lava Kumar, Advocate for the Accused, upon perusing the material papers on record, on hearing both sides and having stood over for consideration till this day, this Court delivered the following.
J U D G M E N T
1. The accused is indicted for an offence U/Sec.7(A) R/w.8 (e) of A.P. Prohibition
Amendment Act, 1997 by Sub-Inspector, P. S. Prohibition and Excise, Marpally, in
Cr. No. 181 of 2015-16 with following allegations:
2. That on 22-06-2015, on reliable information by SHO, Marpally Team about illegal sale of I.D. liquor at accused’s house, Lachanaik Thanda of Mominpet Mandal,
Ranga Reddy District, PW2/Srinivasulu, Prohb.& E.S.I, along with his staff went to the said place and secured panchas PW1 and LW1/Megavath Ramsingh at about 3-45PM and found one person present at the above place who on seeing them ran away. They tried to catch him but in vain. On search of the said place they found one plastic can containing 4 liters of ID liquor. On local enquiry it was found that the person who ran away was Phakeera i.e. the accused herein.
PW2/Srinivasulu, Prohb.& E.S.I conducted scene of offence and seizure
Panchanama and seized the same under cover of panchanama in the presence of 2 mediators and the samples and the contraband were brought to the Excise
Station and that a crime was registered by PW2/Srinivasulu, Prohb.&.E.S.I and after investigation and collection of CE Report, he filed the charge sheet.On 16- 6-2016 the accused surrendered before the Hon’ble court.
3. The case was taken into cognizance for the offence under Section 7 (A) R/w 8
(e) of AP Prohibition Amendment Act, 1997 against the accused.
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4. On appearance of the accused, copies of documents were furnished as required u/Sec. 207 Cr.P.C.
5. The accused was examined under Section 239 Cr.P.C. for the offence under
Section 7(A) R/w 8 (e) of A.P Prohibition Amendment Act, 1997, by explaining the contents of accusation, which he denied.
6. To prove the charges, the prosecution has examined PW1 and PW2 and Ex.P-1 to Ex.P-4 documents are marked. On behalf of the accused, no evidence is adduced. Learned APPO has given up the evidence of LW1/Megavath
Ramsingh. PW1 is the panch witness and PW2 is the Investigating Officer.
7. After closure of the prosecution evidence, the accused was examined under
Section 313 Cr.P.C. by explaining the incriminating circumstances appearing against him for which he has denied the same.
8. Heard the learned Asst. Public Prosecutor and the counsel for the accused.
9. Now, the point for consideration is:
Whether the Prosecution has proved the guilt of the accused beyond reasonable doubt for the offence punishable under 7(A) R/w 8 (e) of A.P Prohibition Amendment Act, 1997 ?
10. It is the case of the prosecution that on 22-06-2015, on reliable information by
SHO, Marpally Team about illegal sale of I.D. liquor at accused’s house,
Lachanaik Thanda of Mominpet Mandal, Ranga Reddy District, PW2/Srinivasulu,
Prohb.& E.S.I, along with his staff went to the said place and secured panchas
PW1 and LW1/Megavath Ramsingh at about 1-30PM and found one person present at the above place and on seeing them the said person ran away. They tried to catch him but in vain. On search of the said place they found one plastic can containing 5 liters of ID liquor. On local enquiry it was found that the person who ran away was Meghavath Prabhu i.e. the accused herein.
PW2/Srinivasulu, Prohb.& E.S.I conducted scene of offence and seizure
Panchanama and seized the same under cover of panchanama in the presence of 2 mediators and the samples and the contraband were brought to the Excise
Station and that a crime was registered by PW2/Srinivasulu, Prohb.&.E.S.I.
11. PW-1 who is the mediator for Scene of offence cum seizure panchanama, Ex.P2, turned hostile and has stated that no panchanama was conducted in his presence and stated that the police obtained his signature on some white papers.
PW1 identified his signature i.e. Ex.P1. Though, the PW1 was cross examined by
A.P.P, no useful material could be elicited to throw light on the prosecution case.
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12. PW2/Srinivasulu, Prohb.& E.S.I, has stated that on 22-06-2015 he received information about illegal sale of I.D. liquor at the house of the accused at
Lachanaik thanda. He along with his staff went to the scene and found one person present at the spot. On seeing them the said person ran away from the scene leaving a plastic can containing 4 liters of ID liquor. They tried to catch the said person but in vain. On search of the said place they found one plastic can containing (4) liters of ID liquor. On enquiry the details of the accused were revealed. He secured the panchas and seized the can and drawn samples in the presence of PW1 and LW1/M. Ramsingh under the cover of panchanama i.e.
Ex.P2 and seized the remaining I.D. liquor. The case papers along with the contraband and the samples were brought to the Excise Station and he registered a case in COR.No. 181/2015-16 U/s. 7 (A) r/w 8 (e) of A.P. Prohibition Act and issued F.I.R. under Ex.P3. The drawn samples were sent to the F.S.L. for chemical examination. The accused surrendered on 16-06-2016 before the
Hon’ble Court and after receipt of C.E. Report under Ex.P4, he filed the Charge
Sheet. During his cross examination he stated that he did not file any document pertaining to grampanchayath record with respect to the house of the accused and he did not examine any independent witnesses from the vicinity. Further, he denied all the suggestions put to him by the defence counsel.
13. The said evidence of PW2 is not corroborated by PW1 who is the mediator for Ex.P2 Panchanama. Since Ex.P2 Panchanama is not proved by the mediator it is difficult to place reliance on the sole testimony of PW2, who is a police official.
No independent witness from the vicinity was examined to prove that the accused was selling ID liquor. The other evidence of PW2 is only to the effect of registration of the crime and filing charge sheet. Ex.P4, report issued by Chemical
Examiner, Hyderabad shows that the sample was analyzed and was opined as illicitly distilled liquor unfit for human consumption and injurious to health. But in view of the failure of the prosecution to prove the seizure from the accused, Ex.P4 is of no help to the prosecution.
14. Furthermore, it is clear that the PW2 did not draw the rough sketch and also failed to examine the neighbours at the scene, Sarpanch or V.R.O of said village and also failed to secure any document to show that the place where the ID liquor was being sold illegally belongs to the accused. Therefore, I hold that the prosecution failed to connect the accused with premises, where the alleged offence is said to have been committed. The Hon’ble High Court at Hyderabad in the decision reported in 2003(1) ALD Criminal 805 (A.P) between T.Subbanna V/s.
State of Andhra Pradesh held that where the ownership or possession of the accused is not established over the place of offence and where independent mediators have turned hostile, no conviction can be recorded in an excise offence on the version of official witness.
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15. In view of the above discussion it is held that the prosecution failed to prove the charge against the accused beyond all reasonable doubt and so the accused is entitled for acquittal.
16. In the result, the accused is found not guilty and acquitted U/s 248(1) Cr.P.C., for the offence punishable U/s 7(A) R/w 8 (e) of A.P Prohibition Amendment Act, 1997. Bail bonds of the accused shall stand cancelled after expiry of appeal period and the accused is set at liberty. Unmarked property vide CPR No. 31 of 2018, shall be destroyed after appeal time is over.
Typed to my dictation, corrected and pronounced by me in the open Court on this the 27th Day of March, 2018.
JUDL.MAGISTRATE OF FIRST CLASS
VIKARABAD.
APENDIX OF EVIDENCE
WITNESSES EXAMINED FOR
PROSECUTION DEFENCE
PW1 is V. Balakishan -None- PW2 is Srinivasulu, Prob. & Excise Sub.Inspector of Police
EXHIBITS MARKED FOR
PROSECUTION DEFENCE
Ex.P1 is Signature of PW1 on Scene of offence cum Seizure Panchanama Ex.P2 is Scene of offence cum Seizure Panchanama Ex.P3 is Crime Occurrence Report Ex.P4 is Chemichal Analysis Report
JUDL.MAGISTRATE OF FIRST CLASS
VIKARABAD.
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IN THE COURT OF THE JUDICIAL FIRST CLASS MAGISTRATE,
VIKARABAD, R.R.DIST.
CALENDER CASE NO. 26 OF 2018
1. Date Of Offence : 22.06.2015 1.
2.Date of Complaint : 22.06.2015 2.
3.Date of Apprehension : Surrendered on 16.6.2016 3.
4.Commencement of Trail : 21-02-2018 4.
5.Closure of Trial on : 26-02-2018 5.
6.Date of Judgment : 21-03-2018. 6.
7.Complainant : The State of Telangana 7. through S.H.O. of P.S.Excise Marpally. 8.
8. Name of the accused : Phakeera S/o.Rupla, Aged about 50 Years, Occ: ID Liquor Seller, R/o. Lachanaik Thanda, Mominpet Mandal, Vikarabad District.
9. Offence : U/s. 7(A) R/w 8 (e) of A.P Prohibition
Amendment Act, 1997 .
10. Finding of the Court : Found not guilty
11. Result : In the result, the accused is found not guilty and acquitted U/s 248(1) Cr.P.C., for the offence punishable U/s 7(A) R/w 8 (e) of
A.P Prohibition Amendment Act, 1997. Bail bonds of the accused shall stand cancelled after expiry of appeal period and the accused set at liberty. Unmarked property vide CPR No.31 of 2018, shall be destroyed after appeal time is over.
JUDL.FIRST CLASS MAGISTRATE,
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VIKARABAD.
Lr.Dis.No. /2018, dated:
Copy Submitted to:
The Hon’ble I Addl. District and Sessions Judge, At L.B. Nagar, Ranga Reddy District, Hyderabad.
Accused present. Judgment
pronounced in open Court. (V.S.J.).
In the result, the accused is found not guilty and acquitted U/s 248(1) Cr.P.C., for the offence punishable U/s 7(A) R/w 8 (e) of A.P 7
Prohibition Amendment Act, 1997. Bail bonds of the accused shall stand cancelled after expiry of appeal period and the accused set at liberty. Unmarked property vide CPR No.31 of 2018, shall be destroyed after appeal time is over.
In the result, the accused is found not guilty and acquitted U/s 248(1) Cr.P.C., for the offence punishable U/s 7(A) R/w 8 (e) of A.P Prohibition Amendment Act, 1997. Bail bonds of the accused shall stand cancelled after expiry of appeal period and the accused set at liberty. Unmarked property vide CPR No. 261 of 2017, shall be destroyed after appeal time is over.
Typed to my dictation, corrected and pronounced by me in the open Court on this the 19th Day of January, 2018.
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Accused No1 and 2 present. Judgment pronounced in open court. (V.S.J.).
In the result, A1 and A2 are found not guilty for the offence punishable U/s. 9 (B) (b) Explosive Act, 1884 and they are acquitted U/s 248 (1) of Cr.P.C. The Unmarked property, deposited in to this Court vide CPR No. 125 of 2015 shall be destroyed after expiry of appeal time. The bail bonds of the accused shall stand cancelled.
JFCM