THE HON’BLE SRI JUSTICE K.G. SHANKAR Crl. Petition No.3876 of 2008 Date: 17.03.2011 Between: M. Shafiuddin .. Petitioner AND The State of A.P. Through SHO (P&E) P.S., Anantapur, rep.by Public Prosecutor High Court of A.P., Hyderabad. .. Respondent THE HON’BLE SRI JUSTICE K.G. SHANKAR Crl. Petition No.3876 of 2008 ORDER: The petitioner is A.7 in C.C.No.39 of 2008 on the file of the Special Judicial Magistrate of First Class for Prohibition and Excise Cases, Anantapur. An excise raid was held on 02.09.2006 by the excise officials. A.1 to A.5 were caught at the time of the raid. A commander jeep bearing registration No.AP-02-V-4333 belonging to A.7 was found to be involved in the commission of the offence. 2. The excise officials laid charge sheet against all accused including A.7 on the ground that a case was made out against them. The entire charge sheet does not reveal the complicity of A.7 in the commission of the offence. Overt acts were attributed against A.1 to A.5. Suddenly, the charge sheet concluded stating that A.1 to A.7 consequently committed the offence u/s.34 (a) of the Excise Act. There is no allegation much less prima facie proof that A.7 lent his jeep for the use of the accused for the commission of the offence u/s. 34(a) of the Excise Act. In a similar situation in G. Bhaskar Reddy v. State of A.P.[1], the High Court held that no case was made out against A.4 therein who was the owner of the vehicle which was used in the commission of the offence. 3. In the present case, A.7 is, indeed, the owner of the vehicle. However, the complicity of A.7 in the commission of the offence has not only been not made out but has not even been alleged in the charge sheet and in the FIR. I, therefore, agree with the contention of Sri Aswartha Narayana, learned counsel for the petitioner that no offence is made out against A.7 for the offence u/s.34 (a) of the Excise Act. The complaint is liable to be quashed as against A.7. 4. Accordingly, the Criminal Petition is allowed. The complaint in C.C.No.39 of 2008 to the extent of A.7 is quashed. _______________ K.G. SHANKAR, J Date: 17.03.2011 Isn [1] 2006 (2) ALT (Crl.) 287 (A.P.)