THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.6959 of 2009 ORDER: The petitioner/A2 is accused of offence punishable under Section 34(A) of the A.P. Excise Act, 1968 (in short, the Act), along with another. It is alleged by the Head Constable who gave report in this case that A1 was selling I.M.L (Indian Made Liquor) bottles in his kirana shop without licence at higher rates, after purchasing the same from A2 at lower rates. A2 is a licensed dealer of I.M.L in his shop. It is contended by the petitioner’s counsel that since A2 is a licensed dealer, he cannot be prosecuted for the offence under Section 34(A) of the A.P. Excise Act and that in any event, investigation of the case by the Police officials instead of Excise officials is contrary to Section 56 of the Act. It would be too early to conclude from FIR alone about involvement of A2 in this offence. It can be finally decided only after conclusion of investigation by the appropriate Investigating Officer and after final report is filed by such officer before the Magistrate. 2. In the result, the Station House Officer, Sangam Police Station, Warangal District, is directed to transfer investigation of the case to Station House Officer of the concerned Excise station, so that a competent Excise official would handle the investigation and file final report before the Magistrate. Subject to the above observations, the Criminal Petition is closed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:14.12.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.6959 of 2009 Dt:14.12.2011 ysk