THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION No.8360 of 2008 (Dated : 28-09-2011) Between: Kala Yashodhar Jain and another. ….…Petitioners. A n d The State of A.P., rep by its Public Prosecutor, High Court of A.P., Hyderabad. ….…Respondent. THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY CRIMINAL PETITION No.8360 of 2008 ORDER: 1. This petition has been filed under Section 482 Cr.P.C., by A2- Kala Yashodhar Jain and A3-Smt. Meena Jain in Crime No.90 of 2008 of Dornakal Police Station, Warangal to quash the proceedings therein. 2. The petitioners 1 & 2 are carrying on business of jaggery and other kirana items in the name and style of Rishab Traders Kirana & General Merchants at the premises bearing No.3-3-10, Bank Street, Dornakal. On 14.12.2008, Circle Inspector of Police, Dornakal checked auto bearing No.A.P.36X 3227 and found 20 bags of black jaggery, 40 Kgs of Alum, and 25 Kgs of Navasaram. He arrested A1- Ajmira Bicha, who was taking the aforesaid jaggery in an auto for the purpose of a sale in his village. The interrogation of A1-Ajmeera Bicha revealed that the jaggery and the alum are meant for preparation of illicit liquor. He further stated that he purchased jagerry, alum and navasaram from the shop of the petitioners herein. He seized the auto together with jaggery, alum and navassaram under the cover of panchanama. Basing on the said panchanama, a case in Crime No.90 of 2008 under Section 34 (a) of the A.P. Excise Act came to be registered. Hence this petition by A2 and A3 seeking the prayer as stated supra. 3. Heard learned counsel appearing for the petitioners and learned Public Prosecutor appearing for the respondent. 4. Learned counsel appearing for the petitioners submits that mere sale of jagerry is not prohibited by any of the statues and regulations and therefore, the petitioners cannot be charged for any of the offences. 5. For contra, the learned Additional Public Prosecutor contends that the accused from whom the black jageery, alum and navasaram came to be seized revealed of his purchasing the said jagerry, alum and navasaram for preparing illicit liquor. 6. As seen from the material placed on record, the petitioners have not maintained any sale register, stock register evidencing the sales of the commodity. The interrogation of the A1 revealed that jagerry, alum and navasaram are meant for preparation of illicit liquor. Since the investigation is sated to be pending, I am of the view that this is not a fit case to quash the First Information in Crime No.90 of 2008. 7. Accordingly, the Criminal Petition is dismissed. ______________________________ B. SESHASAYANA REDDY, J Date:28.9.2011 mrb