HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4513 OF 2008 Dated 1-7-2010 Between: B.Abdul Hafeez Khan. …Petitioner. And: Prohibition and Excise Inspector, Alur, Kurnool District represented by Public Prosecutor, High Court of A.P., Hyderabad. …Respondent. HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4513 OF 2008 ORDER: This Criminal Petition is filed by the petitioner-A.2 seeking to quash the proceedings pending against him in C.C.No.27 of 2006 on the file of the learned Judicial First Class Magistrate, Alur for the offence under Section 7-A read with 8 (e) of A.P. Prohibition Act. Petitioner herein is A.2. It is alleged that petitioner is the owner of the vehicle bearing No.KA-34-H.1268 and in the said vehicle, the accused who is arrayed as A.1 transported some prohibited liquor and police seized the same and after arrest of A.1., and after due investigation, the police verified the records of the vehicle and found that the vehicle stands in the name of the petitioner. Hence, the Police filed the Charge sheet against the petitioner and another for the above said offence. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Leaned counsel for the petitioner submitted that the petitioner has sold vehicle in the year 1996 to another person but inadvertently, he has not transferred the same in the name of the other person concerned and therefore, he is in no way concerned with the vehicle. It is opposed by the learned Public Prosecutor. This Court is not inclined to accept the stand taken by the learned counsel for the petitioner that he has not taken any efforts to transfer the vehicle in the name of another person to whom it was sold. That cannot be a ground to quash the proceedings pending against the petitioner. A perusal of record goes to show that while A.1 was arrested by the police, A.1 himself admitted the fact that the motor cycle belongs to him and he did not produce the records. Further the petitioner was not present at the time of recovery of the contraband. Considering the stand taken by the respondent- police in the Charge sheet filed before the concerned Court, this Court is of the view, in the interest of justice, that the proceedings against the petitioner in the above C.C. pending before the learned Judicial First Class Magistrate, Aluru can be quashed. However, the concerned Court is directed to proceed further in the matter against the other accused who is A.1 in the above C.C. Accordingly, this Criminal Petition is allowed. __________________________ JUSTICE RAJA ELANGO Dated 01-7-2010. Dvs HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No: 4513 OF 2008 Dated 1-7-2010