THE HON’BLE SRI JUSTICE B.SESHASAYANA REDDY Criminal Petition No.3421 of 2009 ORDER This criminal petition has been taken out under Section 482 Cr.P.C. by Chennuri Hareesh-accused No.1 in Cr.No.73 of 2009 of Kuravi Police Station, Warangal District registered for the offences under Sections 34 (a) and (e) of the Andhra Pradesh Excise Act, 1968 to quash the proceedings therein. The petitioner is the owner of an auto bearing No.AP 20 TR 3698. The Head Constable 223 of Kuravi Police Station apprehended the petitioner on 1-5-2-009 at about 9-00 AM and found him carrying eight bags of black jaggery and 5 kgs of alum. On interrogation, the petitioner revealed that the said black jaggery and alum were purchased from the shop of Kanda Srinivas in order to deliver it to G.Srinivas-A3. Basing on the report presented by Head Constable 223-K.Purushotham Reddy, a case in Cr.No.73 of 2009 against the petitioner and others for the offences under Sections 34 (a)(e) of the Andhra Pradesh Excise Act, 1968, came to be registered. Hence, the petition by A1 to quash the proceedings in Cr.No.73 of 2009. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State. Learned counsel appearing for the petitioner submits that the petitioner is only a transporter and he is not concerned with the usage of black jaggery and alum and therefore, continuation of proceedings against petitioner-A1 amounts to abuse of process of law. Learned Additional Public Prosecutor opposed the petition contending that investigation is pending and if the investigation is allowed to be continued, it could be known whether the petitioner is connected with black jaggery and alum. Indisputably, black jaggery and alum can also be used in preparation of illicit liquor. The question whether the black jaggery and alum seized from the possession of the petitioner are meant for preparation of illicit liquor or other purpose can be known only during the investigation. It can also be known whether the petitioner can be attributed to usage of the black jaggery and alum for preparation of illicit liquor. These facts are required to be gone into during the investigation. In that view of the matter, I find that interdicting the investigation at this stage is not warranted by invoking the powers under Section 482 Cr.P.C. Accordingly, the criminal petition is dismissed. __________________________ B.SESHASAYANA REDDY,J rkk Dated: 30-11-2011