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 owne