THE HON’BLE SRI JUSTICE R. SUBHASH REDDY CRIMINAL PETITION No.10704 of 2010 ORDER: 1 This Criminal Petition is filed under Section 482 of Cr.P.C seeking to quash the proceedings in Cr.No.264/2010-11 on the file of P.S. Vissannapet, Krishna District. 2 The aforesaid Crime is registered against the petitioner for the alleged offence punishable under Section 34 (e) of the A.P.Excise Act, 1968. 3 The second respondent herein is the complainant. The petitioner is resident of Tatakuntla Thanda village of Vissannapet Mandal, Krishna District. On 09.09.2010, on suspicion that the petitioner is engaged in the business of preparation of intoxicated liquor from jaggery, the Sub Inspector of Prohibition & Excise Department, Vissannapet, visited the house of the petitioner and found 400 liters of jaggery in a liquid form. Thereafter they obtained samples and destroyed the said liquor bottles. Based on the said complaint filed by the second respondent, the petitioner is sought to be prosecuted for the offence punishable under Section 34 (a) of the A.P. Excise Act. 4 In this Criminal Petition, it is the case of the petitioner that there is no basis for the respondent authorities to register the case under Section 34 (a) of the A.P. Excise Act. It is further submitted that the allegation of the second respondent that the petitioner has stored the jaggery liquid for the purpose of preparing intoxicant is false and except the jaggery liquid no other preparatory item for intoxication is seized in absence of which no case is made out for registering the case against the petitioner for the alleged offence. The learned counsel for the petitioner further argued that taking the complaint as it is, the jagggery liquid which is alleged to have been seized from the premises of the petitioner cannot be termed as an intoxicant. 5 When the matter is taken up for hearing, the learned Additional Public Prosecutor produced a report of the Government Chemical Examiner of Prohibition & Excise, Kakinada. In the said report, at the remarks column it is stated that “The samples are fermented wash, fit for distillation”. Fermented wash itself cannot be termed as intoxicant. In the absence of finding any intoxicant during the search proceedings by the respondents, no case is made out to proceed against the petitioner for the alleged offence. Jaggery wash itself is not an intoxicant. As there is no other material even as per the contents of the mediators report, which is referred in the F.I.R, it is a fit case for quashing the proceedings. 6 For the aforesaid reasons, the proceedings pending against the petitioner in Cr.No.264/2010-11 on the file of P.S. Vissannapet, Krishna District are hereby quashed. 7 The Criminal Petition is accordingly allowed. --------------------------------- R.SUBHASH REDDY, J. 21.12.2011 Kvsn