IMPORTANT POINT
Scope and ambit of exercise of power u/s 482 discussed

JUDGMENT

P. Sathasivam, J. —

1)Leave granted

2)This appeal is preferred by the State of Andhra Pradesh against the judgment and order dated 27.01.2006 passed by the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Petition No. 4362 of 2002 whereby the High Court allowed the petition filed u/s 482 of the Criminal Procedure Code (hereinafter referred to as ‘the Code’) filed by the respondents herein and quashed the criminal proceedings in Crime No. 288/2002-03 of Prohibition & Excise Station, Huzurabad, Karimnagar initiated against them.

3)Brief facts:

a) On 12.09.2002, at about 4 p.m., on information about transportation of black Jaggery and Alum illegally, SDP&E along with other officials kept a watch at Molangur Cross Road. While conducting the route watch, an Eicher Van bearing Regn. No. AP 15 U 3123 was checked and the Investigating Officer found 5,040 kgs. Of black Jaggery in 106 Gunny Bags. The Investigating Officer seized the vehicle and the black Jaggery under the cover of Panchnama, arrested the accused and registered a case in Crime No. 288/2002-03 under Sections 34(e), 41 and 42 of the Andhra Pradesh Excise Act, 1968. A show cause notice was issued to the owner of the vehicle and the accused persons. On 21.09.2002, the Government chemical examiner gave his remarks stating that the sample contains sugar and extraneous matter and it is Jaggery fit for fermentation producing alcohol unfit for consumption.

b) On 16.09.2002, the respondents/accused persons preferred a petition before the High Court being Criminal Petition No. 4362 of 2002 along with Crl.M.P. No. 5639 of 2002 under Section 482 of the Code to quash the proceedings in Crime No. 288/2002-03. On 17.09.2002, the High Court passed an order in Crl.M.P. No. 5639 of 2002 in Crl. Pet. No. 4362 of 2002 giving the interim custody of the vehicle bearing No. AP15U-3123 to Petitioner No.4 therein subject to certain conditions. The Investigating Officer deposited the seized property in the office of the Deputy Commissioner of Prohibition and Excise, Karimnagar, along with proposals for initiating action for confiscation of the black Jaggery. The Deputy Commissioner, Karimnagar, issued a show cause notice to the owner of the contraband for confiscation of the seized property calling for objections, if any. The owner of the vehicle submitted the explanation in response to the show cause notice. The Deputy Commissioner, Karimnagar, by order dated 24.01.2003 confiscated the contraband. Against the order of confiscation, an appeal being Crl. A. No. 4843/2003/CPE/D4 was filed before the Commissioner of Prohibition & Excise, A.P. The Commissioner upheld the confiscation order passed by the Deputy Commissioner, Karimnagar. Aggrieved by the said order, the owner of the Jaggery filed W.P. No. 11647 of 2004 along with W.P.M.P. No. 14808 of 2004 before the High Court for the release of the seized goods. By an interim order dated 09.07.2007 in W.P.M.P. No. 14808 of 2004, the seized black Jaggery was released on furnishing Bank Guarantee by the petitioner therein to the value of the seized goods to the satisfaction of the Dy. Commissioner Prohibition & Excise, Karimnagar (second respondent therein) but the same could not be done as the jaggery was already disposed of. On 27.01.2006, the High Court passed an order in Crl. Pet. No. 4362 of 2002 allowing the criminal petition quashing the proceedings against the respondents/accused in Crime No. 288/2002- 03. Aggrieved by the said order, the State of Andhra Pradesh has filed this appeal by special leave.

4)There is no appearance on behalf of the respondents in spite of service of notice. Heard Mrs. C.K. Sucharita, learned counsel appearing for the State of A.P.

5)Mrs. C.K.Sucharita, learned counsel appearing for the State, after taking us through the complaint and other materials, submitted that the High Court misdirected itself in quashing the proceedings against the respondents in the light of the seizure of 5,040 kgs of black J