HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7676 of 2009 Dated : 22.09.2009 Between : Manne Kistaiah and others ….. Petitioners a n d The State of A.P. ….. Respondent HON’BLE SRI JUSTICE G.BHAVANI PRASAD Criminal Petition No.7676 of 2009 ORDER: Heard Sri C.Pratap Reddy, learned counsel for the petitioners, and Sri A.Ramesh, learned counsel representing the learned Public Prosecutor for the sole respondent. The petitioners are charge sheeted in C.C.No.195 of 2009 on the file of the Judicial First Class Magistrate, Gajwel, Medak District, for an alleged offence punishable under Section 7 read with Section 8 (b) of A.P. Prohibition Act, 1995, for being in possession of 24 quarter bottles of Bagpiper whisky and 10 quarter bottles of Officer’s Choice whisky on 15.04.2009 when they were intercepted by the Police. The charge sheet shows that initially the petitioners are sought to be charged for violation of model code of conduct of elections and transport of illicit liquor for distribution to voters, relevant to which, the first information report was registered under Section 188 of the Indian Penal Code also. Apart from the question as to whether the Sub-Inspector of Police could have competently prosecuted an offence under Section 188 of the Indian Penal Code in the light of Section 195 (1) (a) of the Code of Criminal Procedure, the prosecution itself had deleted the alleged offence under Section 188 of the Indian Penal Code from the charge sheet. Left with the liability only for possession of 34 quarter bottles of whisky, the petitioners are relying on G.O.Ms.No.268 Revenue, dated 01.04.1997 under which the limits of alcohol, which can be possessed by a person, were prescribed under the provisions of A.P. Excise Act. The petitioners are also relying on an earlier decision of this Court in Crl.P.No.3997 of 2009 dated 16.06.2009 wherein on similar facts and circumstances, this Court quashed the criminal proceedings following an earlier decision in Chitta Pavan Malleswara Sarma and another v. State of A.P.[1]. As the factual background in the present case is on all fours, the petitioners are entitled to succeed. Accordingly, the further proceedings in C.C.No.195 of 2009 on the file of the Judicial Magistrate of First Class, Gajwel, Medak District, against the petitioners are quashed. The criminal petition is allowed. ______________________ G.BHAVANI PRASAD, J 22nd September, 2009 SUR [1] 2005 (1) ALT (Crl.) 231 (A.P.)