Chenna Rajaiah v. The State of A.P & Anr.

T HE HON'BLE SRI JUST ICE SAMUDRALA GOVINDARAJULU CRIMINAL PET IT ION No.7799 of 2009 ORDER: A-2 in C.C.No.371 of 2007 on the file of Judicial Magistrate of the First Class, Kodad, is the petitioner. He is accused of the offence under Section 7(a) / 8(e) of the Andhra Pradesh Prohibition Act, 1995. As per the prosecution case, when the excise officials raided and arrested A-1 with illicitly distilled arrack, A-1 made confession statement to the effect that he purchased black jaggery from A-2 for preparing I.D. arrack. Except this piece of evidence, no other material is collected by the excise officials as against A-2. It is contended that A-2 is a licensed dealer of kirana goods in wholesale. No further investigation is made by the excise officials insofar as participation of A-2 in this crime. The only piece of evidence i.e. the alleged confession statement of the co- accused is no legal evidence as against A-2. In the absence of collection of any legal evidence, the Prohibition and Excise department should not have filed case against A-2 in this crime. There is absolutely no prima facie case for the prosecution as against A-2. Hence, the Criminal Petition is allowed quashing proceedings in C.C.No.371 of 2007 on the file of Judicial Magistrate of the First Class, Kodad, insofar as the petitioner / A-2 is concerned. ______________________________________ SAMUDRALA GOVINDARAJULU, J April 01, 2010 Bvv