TaxTMI 
TaxTMI 
2010 (7) TMI 1208
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....ad. 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 owner of the vehicle and the accused persons. On 21.09.2002, the Government chemical examiner gave his remarks stating that the sample contains sugar and extraneous matter and it is Jaggery fit for fermentation producing alcohol unfit for consumption. b) On 16.09.2002, the respondents/accused persons preferred a petition before the High Court being Criminal Petition No. 4362 of 2002 along with Crl.M.P. No. 5639 of 2002 under Section 482 of the Code to quash the proceedings in Crime No. 288/2002-03. On 17.09.2002, the High Court passed an order in Crl. M.P. No. 5639 of 2002 in Crl. Pet. No. 4362 of 2002 giving the interim custody of the vehicle bearing No. AP15U-3123 to Petitioner No. 4 therein subject to certain conditions....
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....ross road, stopped a van bearing No. AP-15- U 3123 and seized 5,040 kgs of black Jaggery in 106 gunny bags from the van under the cover of panchanama. Among the other accused A-1 is the clerk of A-4 and A2 and A3 are driver and cleaner of the van and A-4 is doing business in jaggery and other kirana (grocery) items. It is the case of the prosecution that after seizure of the vehicle, the sample of substance had been sent to the Prohibition and Excise Laboratory for testing. The Govt. Chemical Examiner gave the Laboratory Analysis Report (Annexure P-12) which reads as under: PROHIBITION AND EXCISE DEPARTMENT, ANDHRA PRADESH C.E. No. 10/02 LABORATORY ANALYSIS REPORT The sample (s) of substance received with correct and intact from Proh. & Excise Inspector, Station Hazurabad with his letter Dis. No. /02/P&E/HZD dt. 21.09.2002 has been tested in the Laboratory with the following results: 2. The unexpended portion of the sample (s) is returned in securely sealed. 3. He is requested to depute a person with a letter of authority to take delivery of the enclosures from the Laboratory on any working day. 7. The remarks offered in (col....
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....rves inherent powers of the High Courts. All courts, whether civil or criminal, possess in the absence of any express provision, as inherent in their constitution, all such powers as are necessary to do the right and to undo a wrong in course of administration of justice on the principle quando lex aliquid aliquid concedit, conceditur et id sine quo res ipsa esse non potest (when the law gives a person anything, it gives him that without which it cannot exist). While exercising powers under the section, the Court does not function as a court of appeal or revision. Inherent jurisdiction under the section though wide has to be exercised sparingly, carefully and with caution and only when such exercise is justified by the tests specifically laid down in the section itself. It is to be exercised ex debito justitiae to do real and substantial justice for the administration of which alone courts exist. Authority of the court exists for advancement of justice and if any attempt is made to abuse that authority so as to produce injustice, the court has power to prevent such abuse. It would be an abuse of the process of the court to allow any action which would result in injustice and preven....
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.... complainant to unleash vendetta to harass any person needlessly. At the same time, Section 482 is not an instrument handed over to an accused to short-circuit a prosecution and brings about its closure without full-fledged enquiry. Though High Court may exercise its power relating to cognizable offences to prevent abuse of process of any Court or otherwise to secure the ends of justice, the power should be exercised sparingly. For example, where the allegations made in the FIR or complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused or allegations in the FIR do not disclose a cognizable offence or do not disclose commission of any offence and make out a case against the accused or where there is express legal bar provided in any of the provisions of the Code or in any other enactment under which a criminal proceeding is initiated or sufficient material to show that the criminal proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused due to private and personal grudge, the High Court may step in. Though the powers possessed by th....