APEA Section 61 : Procedure for Prosecution and Credit of Fines
Act
Summary
Section 61 of the Andhra Pradesh Excise Act, 1968 outlines the procedure for prosecuting offences and the crediting of fines. It specifies that a Magistrate can only take cognizance of certain offences based on complaints from designated officials. Additionally, fines collected from convictions are credited to the Prohibition and Excise Department, after deducting realization expenses.
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Explanation using Example
Example 1: Unauthorized Sale of Alcohol
- Introduction: Ravi, a shop owner in Andhra Pradesh, is caught selling alcohol without a valid license. The local police conduct a raid and seize the alcohol.
- Application: According to Section 61(1)(a) of the Andhra Pradesh Excise Act, 1968, a Magistrate can only take cognizance of this offence on the complaint of the Collector or a Prohibition and Excise Officer not below the rank of Prohibition and Excise Superintendent.
- Outcome: The police report the incident to the Prohibition and Excise Superintendent, who files a formal complaint. Ravi faces prosecution, and if convicted, the fines imposed will be credited to the Prohibition and Excise Department as per Section 61(2).
- Conclusion: Compliance with the procedure ensures that the case is legally valid, and fines contribute to state revenue, supporting enforcement efforts.
Example 2: Illegal Transportation of Liquor
- Introduction: Sita is found transporting a large quantity of liquor without proper documentation. The police intercept her vehicle during a routine check.
- Application: Under Section 61(1)(b), the Magistrate can take cognizance of this offence based on the police officer's repor...
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