C. Y. SOMAYAJULU, J. ( 1 ) THIS petition is filed under Section 482 cr. P. C. to quash the proceedings in C. C. No. 172 of 2002 on the file of Judicial magistrate of First Class, Zaheerabad. ( 2 ) IT is alleged that on 4-10-99 at about 10. 30 p. m. when the vehicles were being checked at the check post, petitioners who are traveling in a TATA Sumo vehicle bearing no. AP11f 3956 were found in possession of 13 bottles of whisky without having license or permit. The prohibition and Excise Police, zaheerabad registered a case in Cr. No. 1/1999-2000 and filed charge-sheet in C. C. No. 172 of 2002 against the petitioners for offences under section 7 (1) of A. P. Prohibition Act r/w 34 (a) of A. P. Excise Act, 1968. This petition is filed to quash the said charge-sheet. ( 3 ) THE contention of the Learned Counsel for petitioners is that since the petitioners are ten in number and since the stock seized from their possession is only 13 bottles, they cannot be said to have committed any offence inspite of the fact that they are not in possession of any permit, in view of the notification in G. O. Ms. No. 268, Revenue dated 1-4-1997, issued under Section 14 (1) of a. P. Excise Act effective from 18-4-1997 which says that a person can be in possession of six quart bottles, each containing 750 ml. of Indian liquor, six quart bottles of 750 ml. of foreign liquor, three bulk litres of Denatured spirit, three bulk litres of Methylated spirit, 12 bottles, of 650 ml. Beer, two bulk litres of toddy, without a permit or license and so charge-sheet against them is liable to be quashed. ( 4 ) HEARD the learned Additional Public prosecutor. ( 5 ) ADMITTEDLY, 10 petitioners were traveling in TATA Sumo with seven 750 ml. bottles of Mc. Dowell Centenary Whisky, three 750 ML. bottles of Royal Challenge pure Malt Whisky, one 750 ml bottle of aristocrat Malt premium Whisky, one 750 ML bottle of Royal Stag whisky and one 750 ML bottle of Debonair Doctor s Special cashew Fenny. It means that 10 persons were in possession of 12 750 ML bottles of indian Whisky and one 750 ML. bottles of Royal Challenge pure Malt Whisky, one 750 ml bottle of aristocrat Malt premium Whisky, one 750 ML bottle of Royal Stag whisky and one 750 ML bottle of Debonair Doctor s Special cashew Fenny. It means that 10 persons were in possession of 12 750 ML bottles of indian Whisky and one 750 ML. bottle of fenny which is but Indian Liquor as defined in Sec. 2 (18) of A. P. Excise Act, 1968. Since possession of 13bottlesofliquorbylopersons is not an offence in view of G. O. Ms. No. 268 referred to above and since Section 7 of prohibition Act lays down that possession etc. of liquor in violation of Excise Act only is an offence, even if all the allegations in the complaint are taken to be true no offence is made out against the petitioners. ( 6 ) IN the result, petition is allowed and the charge-sheet in C. C. No. 172 of 2002 on the file of Judicial Magistrate of First Class, zaheerabad is hereby quashed.