THE HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.2964 of 2011 ORDER: Petitioners-A.2 and A.4 approaches this Court with a prayer to quash the proceedings in C.C.No.709 of 2005 on the file of the Special Judicial Magistrate of First Class for Prohibition and Excise Cases, Warangal, for the offence punishable under Sections 34(a) and 36(e) of A.P. Prohibition and Excise Act (for short ‘the Act’). Heard. Learned counsel for the petitioners mainly contended that the petitioners arrayed as accused as per the charge sheet alleging that the petitioners are the person, who consumed liquor on the prohibited date. It is further submitted that the prohibition authorities prohibited selling of liquor on the holiday, but whereas the license holder sold liquor to some persons and the petitioners are the persons among those who consumed liquor. Sections 34 (a) and 36 (e) of the Act read as follows: “Section 34: Whoever in contravention of this Act or of any rule, notification or order made, issued or passed thereunder or of any licence or permit granted or issued under this Act: (a) imports, exports, transports, manufactures, collects or possesses or sells any intoxicant……. Section 36: Penalty for misconduct of licenses, etc: 1. Whoever being the holder of a licence or permit granted or issued under this Act or being in the employ of such holder and acting on his behalf, (a) to (d)………. (e) Permits or suffers persons whom he knows or has reason to believe to have been convicted of any non-bailable offence, or who are reputed prostitutes or habitual offenders, to resort to, or assemble or remain in or on the premises where any excisable article is sold or manufactured; or……..” A reading of the above provisions clearly indicates that the person, who is violating the license conditions, is punishable under the said provisions. But there is no whisper in the said provisions about the person, who consumed liquor in the premises on the date prohibited by the Excise authorities. The said section deals only with the license holder and not the person, who consumed liquor. Therefore, this Court is of the view that the further proceedings against the petitioners need not be continued. Hence, the present complaint is liable to be quashed against the present petitioners. Accordingly, the criminal petition is allowed and the proceedings against the petitioners-A.2 and A.4 in C.C.No.709 of 2005 on the file of the Judicial Magistrate of First Class, Prohibition and Excise Cases, Warangal, are hereby quashed. Miscellaneous petitions filed along with the Criminal Petition, if any, shall stand closed. ___________________ RAJA ELANGO, J. 1st April, 2011. sur