HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3174 OF 2009 Dated : 12.08.2010 Between : B.Ramakrishna … Petitioner-A.2 A n d The State of A.P. … Respondent HONOURABLE SRI JUSTICE RAJA ELANGO CRIMINAL PETITION No.3174 OF 2009 ORDER: This Criminal Petition under Section 482 of the Code of Criminal Procedure is filed by the petitioner-A.2 seeking to quash the proceedings in Crime No.71 of 2009 of Errupalem Police Station, Khammam District, registered for the offence punishable under Sections 8 (b) of A.P. Prohibition & Excise Act and 36 (c) of A.P. Excise Act. The prosecution case is that on 03.05.2009 at Pedda Goparavam X roads, Errupalem Mandal, while the S.I. of Police, Errupalem Police Station, was conducting checking, A.1 was found in possession of (7) Prestige whisky bottles, (6) Original Choice whisky bottles in toto (13) quarter bottles. Further, on examination, A.1 stated to have purchased the liquor bottles from A.2. After recording the confession and seizure panchanama, Police registered the present crime against A.1 and A.2 as stated above. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor. Learned counsel for the petitioner submitted that even assuming for a moment the confession of the co-accused i.e. A.1 to be true, possession of such quantity i.e. less than 6 liters will not attract the offence punishable under Sections 8 (b) of A.P. Prohibition & Excise Act and 36 (c) of A.P. Excise Act. Learned Additional Public Prosecutor also concedes and submits that a person is permitted to possess liquor up to 6 liters and the petitioner being the license holder is also entitled to sell that quantity. Considering the same, this Court is of the view that the present complaint is liable to be quashed. Accordingly, the Criminal Petition is allowed and the further proceedings in Crime No.71 of 2009 of Errupalem Police Station, Khammam District, are hereby quashed. ________________________ JUSTICE RAJA ELANGO Dated : 12.08.2010 sur