Supreme Court · 2004 INSC 404 · Decided 27 July 2004
State of Andhra Pradesh v. Goloconda Linga Swamy and ANR.
- Court
- Supreme Court of India
- Citation
- 2004 INSC 404 · [2004] SUPP. 3 S.C.R. 147
- Case number
- CRIMINAL APPEAL No. 1180/1998
- Decided
- 27 July 2004
- Bench
- S.N. VARIAVA, ARIJIT PASAYAT (2-judge bench)
- Outcome
- Disposed off
- Case type
- Criminal
- Acts & sections cited
- CrPC Section 482; Constitution
Headnote
Code of Criminal procedure, 1973; Section 482/Andhra Pradesh Excise Act, 1968/Andhra Pradesh Prohibitibn Act, 1995 : A B Allegations of transporting/storing black jaggery/molasses to manu­ facture illicit liquor-Petition for quashing first information report- C Allowing by High Court-On rule-High Court could look into the materials/evidence to find out whether any offence has been made out or not-However, Courts should be circumspect and judicious in exercising the discretion. D Legal Maxims: Maxim 'quando lex aliquid alique concedit, concediture et id sine quo res ipsa esse non
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