Supreme Court · 2010 INSC 405 · Decided 15 July 2010
State of A.P. v. Gourishetiy Mahesh & ORS.
- Court
- Supreme Court of India
- Citation
- 2010 INSC 405 · [2010] 8 S.C.R. 423
- Case number
- CRIMINAL APPEAL No. 1252/2010
- Decided
- 15 July 2010
- Bench
- P. SATHASIVAM, ANIL R. DAVE (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482
Headnote
Code of Criminal Procedure, 1973: A B s. 482 - Scope of - Black jaggery transported for alleged C preparation of illicit liquor- Seizure and confiscation - Upheld by Commissioner of Prohibition and Excise - Report of chemical examiner that the seized jaggery was "fit for fermentation, against accused under ss.34(e), 41, 42 of the D Andhra Pradesh Excise Act, 1968 - Order of High Court quashing the proceedings against accused - Held: Not justified - Complaint prima facie disclosed commission of the offence and involvement of accused - Exercise of inherent power u/s.482
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