HON’BLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.1491 of 2011 ORDER: This Criminal Petition is filed by the petitioner-accused No.3, under Section 482 Cr.P.C., seeking to quash the proceedings initiated against him in C.C.No.145 of 2009 on the file of the Judicial Magistrate of First Class, Rayadurg, taken on file for the offence under Section 34(a) of the A.P. Excise Act, 1968 (for short “the Act”). Heard both sides. The Prohibition and Excise Circle Inspector, Rayadurg, laid charge sheet against the petitioner herein-A.3 and three other accused for the offence punishable under Section 34(a) of the Act in connection with Crime Nos.38/93 and 1/93-94, on the basis of the complaint registered on 08.11.1993. Subsequently, since accused No.1 was died, the case against him was abated and the case against A.2 and the petitioner herein was split up and numbered as C.C.No.145 of 2009 on the file of the Judicial Magistrate of First Class, Rayadurg and as per the directions of this Court, the case against accused No.4 was proceeded with in C.C.No.35 of 2000 on the file of the Judicial Magistrate of First Class, Rayadurg. After due trial, the trial Court acquitted accused No.4, by judgment dated 01.07.2010, holding that that the prosecution has miserably failed to prove the seizure of the contraband, all the witnesses are Excise Officials and the original detector has not been examined in this case, the prosecution has not placed any material against accused No.4 to connect him with the alleged crime, and the prosecution did not also evince any interest in securing the documents pertaining to the contraband. Even as per the charge sheet, the allegation made against the present petitioner is that he is the owner of the vehicle. The entire reading of the charge sheet does not disclose that the petitioner is having knowledge about the transport of the contraband. Further, no specific allegation was made against the petitioner in the charge sheet. In the absence of any evidence either in the charge sheet or in the trial conducted by the trial Court against accused No.4, this Court is of the view that continuation of the proceedings against the present petitioner would serve no purpose and accordingly the proceedings are liable to be quashed. Hence, the Criminal Petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.145 of 2009 on the file of the Judicial Magistrate of First Class, Rayadurg, are hereby quashed. Miscellaneous petitions, if any, filed shall stand closed. _____________ RAJA ELANGO, J 18th February, 2011 CBS HON’BLE SRI JUSTICE RAJA ELANGO Crl.P.No.1491 of 2011 (Allowed) 18th February, 2011 CBS