IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE EIGHTH DAY OF NOVEMBER, TWO THOUSAND AND ELEVEN PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28174 of 2011 Between: M/s. Sridhar Wines, Ghanpur Station, Warangal & another. … Petitioners And The State of A.P., rep., by its Principle Secretary, Depart of Revenue (Excise), Hyderabad & others. … Respondents Counsel for the petitioners: Ms. Padma Sharanappa Counsel for respondents 1-3: AGP for Prohibition & Excise This Court made the following: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28174 of 2011 ORDER:- This Writ Petition is filed to quash FIR No.120/2011, dated 10.10.2011, on the file of the Bachannapet police station, Warangal rural, Warangal District. The petitioners are the A-4 licensees carrying on their business in Ghanpur Station and Devaruppala Village respectively of Warangal District. As on account of the general strike in the Telangana Districts, the IML Depots of Warangal District were closed, the Commissioner of Prohibition and Excise, A.P. has issued directions to permit the A-4 licensees in the Warangal District to lift the stocks from A.P. Beverages Corporation Limited, IML Depot, Eluru. Accordingly, the petitioners have lifted certain quantities of Beer. When the stocks were being transported through vehicle bearing registration No.AP 05 Y 378, the vehicle was intercepted at Bachannapet and a criminal case was registered by respondent No.4 vide FIR No.120/2011 for the offences under Sections 36(1)(c) and 34(a) of the A.P. Excise Act, 1968. The said case was subsequently transferred to the file of Prohibition and Excise Station, Jangaon and the same was registered as C.O.R.No.440 of 2011 on 20.10.2011. The petitioners approached respondent No.2 for release of the seized stock. After considering the detailed representations of the petitioners, respondent No.2 has passed award in his proceedings, dated 20.10.2011, directing interim release of the seized stock to the petitioners on their furnishing personal bond worth Rs.2 lakhs each on stamp paper. Respondent No.2 also directed release of the seized vehicle to its owner on her executing personal bond of Rs.3 lakhs on a stamp paper. In the present Writ Petition, the petitioners sought for quashing of the criminal case, which is presently pending before the Prohibition and Excise Station, Jangaon. The main basis on which the petitioners sought for quashing of the criminal case is that the seized stock has suffered duty and was purchased from the A.P. Beverage Corporation Limited, Eluru. It is the pleaded case of the petitioners that due to intense agitation in the Warangal District, they were permitted to lift the stock from the A.P. Beverage Corporation Limited, IML Depot, Eluru, that when the stock was being transported into Warangal District for reaching its destination, the driver has diverted the route from the regular route with a view to avoid agitators and reach the petitioners’ shops and that in that process the vehicle was found at Bachannapet, which was not included in the original route. It is the further case of the petitioners that when the vehicle reached the said place, the agitators have stopped it and in the meantime the police came and seized it on the only ground that it was found on a route, which was not included in the permit. At the hearing, the learned Assistant Government Pleader for Prohibition and Excise, placed before the Court proceedings, dated 20.10.2011 of respondent No.2 under which he has directed interim release of the seized stock. In his proceedings, respondent No.2 has inter alia mentioned as under: “It is a fact that the “SARVA JANA SAMME” is an higher volume in Warangal District as all section of people including Employees, Teachers, Singareni Workers and RTC Employees have participated in the strike. In Warangal District the IML depots were closed continuously because of the call given by the J.A.C. To cater the needs of the licensees of Telangana area, the Commissioner of Prohibition and Excise, A.P., Hyderabad has given directions to the licensees and the officers to procure the consignment (IML & Beer) from the neighbouring IML Depots situated in Andhra area. Accordingly, as per the directions of the local excise officials the licensees Sri Rangu Sridhar, licensee of M/s. Sridhar Wines, Ghanpur and K. Kranthikumar, licensee of M/s. Koushik Wines, Devaruppula procured (1245) Beer cartons from IML Depot, Eluru vide T.P.No.13438, dated 08.10.2011 (643 Beer cartons) and T.P.No.13439, dated 08.10.2011 (602 Beer cartons) and transported the same to Warangal District. The enquiry reveals that by the time they reached Station Ghanpur area, there was a DHARNA and procession being conducted by the agitators of separate Telangana. When they stopped the vehicle and tried to damage the vehicle the driver proceeded to Bachannapeta with a view to come to destination subsequently. Meanwhile the police seized the vehicle even though the consignment and the vehicle was covered under valid documents with the active support of J.A.C. members.” The findings of respondent No.2, reproduced above, completely fortify the stand of the petitioners. When the vehicle with the consignment reached Station Ghanpur area, there was a Dharna by the agitators and when they tried to damage the petitioners’ vehicle, the driver has proceeded to Bachannapet with a view to reach the destination. It is not in dispute that the seized consignment was taken delivery from IML Depot, Eluru after the petitioners have duly paid the price therefor under valid permit. In the face of these admitted facts, this Court is of the opinion that continuation of criminal proceedings constitutes abuse of process of law. The petitioners were forced to deviate from the permitted route in order to escape from the agitators and in that process the vehicle was seized on the only allegation that it has deviated from the regular route. In the above circumstances, I do not find any justification whatsoever for continuing the criminal case against the petitioners. Accordingly, C.O.R.No.440 of 2011 on the file of Prohibition and Excise Station, Jangaon, is quashed. The Writ Petition is accordingly allowed. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP.No.34771 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 08.11.2011 ES