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2022 Supreme(AP) 272

CHEEKATI MANAVENDRANATH ROY
G. Prasad – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates Appeared:
For the Petitioner: D. Purnachandra Reddy.

ORDER :

1. This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”) is filed seeking quash of F.I.R. in Crime No. 242 of 2020 of Special Enforcement Bureau Station, Punganur, Chittoor District.

2. Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.

3. The petitioner is the sole accused in Crime No. 242 of 2020 of Special Enforcement Bureau Station, Punganur, Chittoor District. A case under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short “the Excise Act”) was registered against him on the ground that on 11.06.2020, the petitioner was found to be in illegal possession of two tetra packets of Raja Whisky of 90 ml each. Therefore, the aforesaid case under Section 34(a) of the Excise Act was registered against him.

4. Learned counsel for the petitioner would submit that the Government itself has issued G.O.Ms. No. 411, Revenue (Excise-II), dated 24.09.2019, whereby the Government has permitted possession or transportation of liquor and other intoxicants up to three bottles of Indian Made Foreign Liquor and three bottles of Foreign Liquor etc. So, he would submit that as the petitio

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