Bar owner cleared for storing liquor during Covid

Hyderabad: The Telangana High Court quashed criminal proceedings against owners of a bar and restaurant that was accused of illegally storing and selling liquor during Covid-19 lockdown. Justice Juvvadi Sridevi held that the charges under the Indian Penal Code (IPC), the Epidemic Diseases Act and the Telangana Excise Act were not legally sustainable against the petitioners as the allegations lacked substantial evidence. The judge was dealing with criminal petitions filed by Theegala Ajay Goud and Theegala Shekar Goud, owners of a bar and restaurant. They were charged with various offences under IPC, dealing with the spread of infectious diseases. Additionally, they were charged under Section 3 of the Epidemic Diseases Act which relates to Covid-19 protocols, and Section 34(A) of the Telangana Excise Act, which penalise illegal liquor sales. The case was registered against the petitioners after police seized liquor bottles from the first-floor lodge of their establishment during the lockdown, alleging that they intended to sell the stock in the black market. The petitioners argued that they had a valid excise licence and had not engaged in illegal sales or transportation. They contended that the liquor was lawfully stored within their premises and that the allegations failed to establish a violation of the cited legal provisions. The judge held that mere possession of goods does not constitute an offence unless there is clear evidence of sale or public harm. Notably, the prosecution failed to produce any witness statements or documentary proof showing that the petitioners had sold liquor at higher prices. Accordingly, the judge quashed the criminal case against the petitioners, ruling that mere possession of liquor within a licensed establishment does not constitute an offence.