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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Smt Justice V. Sujatha, J
Vari Manikanta – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
V.Sujatha, J.
This criminal petition is filed under Section 482 of the Code of Criminal Procedure (for short “Cr.P.C.”) seeking to quash the proceedings initiated against the petitioner/A.2 in Crime No.190 of 2021 registered on the file of Special Enforcement Bureau Station, Chirala, Prakasam District, for the offences punishable under Section 34 (a) of the A.P. Excise Act (Amendment) Act-2020.
2. The petitioner herein is A.2. The Inspector, SEB, Ongole registered a case in Crime No.190 of 2021 for the offence punishable under Section 34 (a) of the A.P. Excise Act , (Amendment) Act- 2020, against the petitioner and others basing on the mediator’s report. As per the mediator’s report, on 29.07.2021, the Inspector along with his staff, SEB Station, Chirala on receipt of credible information about illegal possession and sale of Non-duty paid liquor bottles, after securing the mediators, reached the house of the accused No.1 at about 7.00 p.m., at Rajubangarupalem Village, Chinnagangam Mandal and searched the house of accused No.1, as they found two bags, first bag containing 37 bottles of Old Admiral Brandy each 180 ml and second bag containing 23 bottles of Good day Pristage Whi
Failure to comply with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
Non-compliance with mandatory search procedures under the A.P. Excise Act vitiates criminal proceedings, constituting an abuse of process.
The court ruled that proceedings under Section 188 IPC cannot be initiated without a complaint from a public servant, leading to quashment of the case against the accused.
The court emphasized the importance of substantial compliance with statutory provisions and highlighted the need for determining factual matters in the trial court.
The main legal point established in the judgment is the importance of complying with mandatory provisions under the Immoral Traffic (Prevention) Act, the distinction between mandatory and directory p....
Failure to comply with mandatory provisions regarding search and seizure under the Karnataka Excise Act leads to quashing of FIR and subsequent proceedings.
Procedural non-compliance with search warrant requirements under the Karnataka Excise Act vitiates the FIR and subsequent proceedings.
Non-compliance with statutory provisions regarding search warrants in liquor-related cases leads to quashing of FIR and subsequent proceedings.
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