THE HONOURABLE SRI JUSTICE E.V. VENUGOPAL CRIMINAL PETITION No.3056 of 2025

ORDER

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘the BNSS’) by the petitioner/accused No.3 seeking to quash the proceedings against him in C.C.No.4639 of 2024 on the file of learned XIV Additional Chief Metropolitan Magistrate, Hyderabad.

2. Heard Sri Sridhar Lonkala, learned counsel for the petitioner and Sri E.Ganesh, learned Assistant Public Prosecutor for respondent No.1 – State.

3. Brief facts of the case are that while respondent No.2, i.e., Sub-Inspector of Police, Police Station Madhura Nagar, on 18.10.2023 at 21:00 hours, was present in the Police Station, he received credible information that one person was indulging in transporting of liquor illegally from the premises i.e., H.No.8-3-430/33, Yellareddyguda, Ameerpet, Hyderabad, without any valid license from the concerned authorities. Believing the said information to be true and authentic, he obtained permission from the superior officer and drafted search proceedings under Section 165 of the Cr.P.C., and secured the presence of two mediators i.e. Sri V. Chandra Shekar and Sri S. Vamshi Mohan. As there was no time to obtain a search warrant from the Court and any delay might cause disappearance of the accused and material evidence, at 21:30 hours, he, along with the patrol car staff, i.e., PC6339 Sri Shekar Babu and SPO0785 Sri Mahboob Basha, rushed to the spot, i.e., R/o H.No.8-3-430/33, Yellareddyguda, Ameerpet, Hyderabad, to verify the veracity of the information received by him. There, they noticed that a person by the name of Telagareddy Ramesh (Petitioner No.1) was found in illegal possession of liquor bottles. Immediately, they took him into custody. On enquiry, he voluntarily admitted guilt of illegally possessing IMFL and beer bottles without a valid license. Further, a confession- cum-seizure panchanama was recorded, and IMFL (Officer’s Choice 90 ml – 10 bottles) and Carlsberg Beer (12 bottles) were seized from his possession under the cover of the said confession-cum-seizure panchanama in the presence of the above-mentioned two panchas. He further revealed that his friends, namely: Basa Bharath Naga Pawan, and Jana Hemanth Satya Ganesh/accused No.3, had instructed him to bring liquor bottles for their needs. After completion of the seizure, they returned to the Police Station with the accused persons and the seized items at

22:45 hours.

4. Learned counsel for the petitioner submits that as per Sections 56 and 57 of the Telangana Excise Act, 1968 (for short, ‘the Act’) it is only the prohibition and Excise Officer, who is competent to make investigation and to file report/charge sheet before the trial Court for the offence under Section 34 of Act. Learned counsel for the petitioner relies on the judgment passed in Muthineni Chander and others V.State of Andhra Pradesh and another in CrlP.No.5598 of 2009, 2011 (1) ALD (Crl.)877 (AP), it is held under:

“A.P.Excise Act- Sections 36(b)(C), 56 and 57 IMFL bottles – Seizure of, by Inspector of Police as sold in violation of license conditions, investigation made and charge sheet filed by Sub-Inspector of Police, Illegality – Police Officer much less Inspector of Police and Sub- Inspector of Police have no jurisdiction to investigate into offence punishable under Section 36 and to file charge sheet before Magistrate – under Sections 56 and 57 of Act, it is only Prohibition and Excise Officer, who is competent to make investigation and to file report/charge sheet before Magistrate – in that view of the matter, investigation made by Sub-Inspector of Police

and charge sheet field by him before Magistrate against petitioners, held, without jurisdiction – Criminal Petition allowed – Impugned proceedings quashed – (Criminal procedure Code 1973, Section 482)”

5. Learned counsel for the petitioner further submits without being competent the Investigating Officer conducted investigatio