Y. BHASKAR RAO, J.

( 1 ) THIS petition under Section 482 of the Code of Criminal Procedure is filed to quash the proceedings in C. C. No. 94 of 1995 on the file of the Court of XII Metropolitan Magistrate, Hyderabad.

( 2 ) THE brief facts of the case are that the Sub-Inspector of Police, Task Force, South Zone, Hyderabad filed charge sheet against the petitioners alleging that on receipt of information that the petitioners are selling toddy without licence to the customers near Moosram bridge, he conducted raid and found the petitioners selling toddy without any excise licence. He took them into custody and seized one wooden case containing 24 toddy bottles, who wooden cases containing empty bottles and cash of Rs. 205. 00 form the first petitioner and one wooden case containing 15 bottles of toddy, three wooden cases containing empty bottles and cash of Rs. 405. 00 from the second petitioner. He brought the petitioners along with seized articles before the Sub-Inspector of Police, Malakpet P. S. who registered a case in Cr. No. 4/95 under Section 34 (A) of the A. P. Excise Act and sent sample bottles containing toddy to Chemical Examiner for analysis and after investigation filed charge sheet.

( 3 ) THE petitioners herein filed a petition before the lower Court to discharge them on the ground that the Excise Officer alone is entitled to file charge sheet in respect of the offence committed under the A. P. Excise Act as per the provisions of the A. P, Excise Act and the police officer has no power to file charge sheet. The lower Court dismissed the said petition.

( 4 ) THE learned counsel for the petitioners contended that the A. P. Excise Act is a special enactment containing procedure of investigation, filing of report after investigation and trial of offences committed under the Act and so the procedure laid down in the Code of Criminal Procedure is not applicable. He further contended that the Excise Officer is competent to file the report of investigation, but not the police officer and that continuation of proceedings initiated on the basis of report of the police officer amounts to issue of process of the Court and therefore the proceedings are liable to be quashed.

( 5 ) IN view of the above contentions, the important question of law that arises for consideration is :"whether the police has got power to file charge sheet in respect of offences under the Andhra Pradesh Excise Act ?"

( 6 ) THE Andhra Pradesh Excise Act, 1968 is a comprehensive law relating to the production, manufacture, possession, transport, purchase and sale of intoxicating liquor and drugs, the levy of duties of excise and countervaling duties on alcoholic liquors for human consumption and opium, Indian hemp and other narcotic drugs and narcotics. Section 2 deals with definitions. Section 2 (11) defines excise officer as :"excise officer means the Commissioner, the Collector or any Officer or other person lawfully appointed or invested with powers under the relevant provisions of this Act. "chapter IV of the Exercise Act deals with the manufacture, possession and sale of excisable articles. Chapter VI deals with licences and permits. Chapter VII deals with offences and penalties. Section 34 provides for penalty for illegal import, export, transport, manufacture, collection or possession or sale of any intoxicant. etc. Section 35 provides for penalty for rendering denatured spirit fit for human consumption. Section 37 provides for penalty for adulteration by licensed vendor or manufacturer. Section 37a provides for penalty for adulteration resulting in death. Section 38 provides for penalty for consumption in chemist s shop. Section 40 provides for penalty for cutting down or destroying excise tress. Section 41 provides for penalty for offences not otherwise provided for. Section 43 fixes the criminal liability of licensee for acts of servants. Chapter VIII deals with detection, investigation and trial of offences. Section 52 empowers the Commissione

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