THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2780 of 2009 ORDER: 1. This Criminal Petition is filed under Section 482 Cr.P.C. to quash the proceedings in crime no.64 of 2009 of Madhira police station, Khammam district, registered for the offences under Sections 8 (b) and 31 (1) (b) of the Andhra Pradesh Excise Act, 1968 (for short, ‘the Excise Act’). 2. The allegation in the F.I.R. is that the petitioner herein, who is A.2 in the crime, is the owner of Gil-Gil Wine Shop, Madhira and that A.1 allegedly purchased 24 MC brandy half bottles and 90 Monison Whisky Quarter bottles, and when A.1 was found in possession of huge quantity of liquor, police intercepted and seized the same. 3. In so far as the petitioner is concerned, Section 8(b) of the Excise Act has no application because it is not the case of the respondent that the petitioner was having possession without any licence. Perhaps, that is the reason why police registered the case against the petitioner under Section 31 (1) (b) of the Excise Act, which deals with suspension or cancellation of any licence or permit issued under the Act, if any breach is committed by the licence holder. The said provision is not a penal provision so as to prosecute the petitioner in a Court of law. At best, that gives rise to a cause of action for the competent authority to cancel licence or permit, as the case may be, issued in favour of the petitioner in case he violates any terms and conditions of the licence or permit. Therefore, continuation of the impugned proceedings against the petitioner is nothing but abuse of process of Court. 4. The Criminal Petition is, accordingly, allowed. The proceedings in crime no.64 of 2009 of Madhira police station, Khammam district are quashed. ----------------------- (K.C.Bhanu, J.) 19.08.2010 DRK THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2780 of 2009 Date: 19.8.2010 Between: N.V.M. Phani Kumar …Petitioner And State of A.P. rep. by its Public Prosecutor, High Court of A.P., Hyderabad …Respondent THE HON’BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION No. 2780 of 2009 19.8.2010