& IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14253 OF 2025 Between: Jaidu Jaya Lakshmi, W/o. Prada Seshagiri Rao, Aged 48 Years, Occ Business, M/s. Kumar Traders, Rep. by its Proprietorship, R/o. H. No.9- 67, Rama Krishna Nagar, Chintalapudi Village and Mandal, Eluru District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue (Excise) Dept., Secretariat Buildings, at Velagapudi, Amaravathi, Guntur District. 2. The Deputy Commissioner Pro. and Excise, Eluru Division, Eluru District. 3. The Station House Officer, Prohibition and Excise Station, Chintalapudi, Eluru District. ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, declaring the action of the Respondents in not releasing the stocks of jaggery 3,240 kgs of jaggery involved in FIR.No.207 of 2025 in spite of the petitioner is readiness to furnish the third party surety value of Rs. 97,200/-, as being illegal, arbitrary and unjust and consequently, direct the Respondents to release the petitioner's 3,240 kgs of jaggery value of Rs. 97,200/- by allowing him to furnish third party surety and to grant such other relief or reliefs as this Hon'ble Court may deems fit and proper in the circumstances of the case. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondents to Release the petitioner's stocks of jaggery 3,240 kgs of jaggery, involved in FIR.No.207 of 2025 by allowing him to furnish third party surety value of Rs. 97,200/-, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI BABUJI TENNETI Counsel for the Respondents: GP FOR PROHIBITION EXCISE The Court made the following order: APHC010282362025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY ,THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14253/2025 Between: ...PETITIONER Jaidu Jaya Lakshmi AND ...RESPONDENT(S) The State of Andhra Pradesh and Others Counsel for the Petitioner: 1.BABUJ1 TENNETI Counsel for the Respondent(S): 1.GP FOR PROHIBITION EXCISE The Court made the following order: learned counsel for the petitioner and learned Government Pleader for Prohibition & Excise for the respondents. Heard The petitioner is engaged in the business of purchase and sale of 2. jaggery. 2 !<&> KM,J WP 14253 2025 It is contended that the respondent inspected the shop of the petitioner on 26.04.2025 and seized jaggery weighing 3240 Kgs. Thereafter Crime was registered in Crime No.207 of 2025 under the provisions of Section 3. 7(B) r/w 8(A) of A.P. Prohibition Act, 1995 (Amendment) Act 2020 r/w 34(e) of A.P.Excise Act, 1968 r/w Section 4 of Gur Regulation Order - 1968. 4. Learned counsel for the petitioner submits that in view of G.O.Ms.No.1929, dated 27.12.2006, which exempts sale of jaggery from payment of tax, no license is required for doing business in purchase and sale of jaggery. He further submits that the Government vide Memo, dated 20.12.2010 has also recognized the jaggery as agricultural produce. 5. Learned counsel for the petitioner relying on the decision of this Court in WP.No. 12429 of 2022 prays for release of the seized stock. 6. Perused the record. Considered the rival submissions. This Court in WP.No.12429 of 2022, placing reliance on the decisions of the High Court of Telangana has taken a view that mere 7. possession and transportation of black jaggery is not an offence. The said decision of the learned single Judge has been confirmed by the Division Bench vide order, dated 21.07.2022 in WA.No.596 of 2022. 8. Having regard to the same, this Court deems it appropriate to dispose of the writ petition with the following directions. 3 KM,J WP 14253 2025 The Writ Petition is disposed of directing the respondents to release the jaggery seized from the petitioner in connection with F.I,R.No.207 9. of 2025 of the Prohibition & Excise Station, Chintalapudi, Eluru, upon furnishing of personal bond for value of the jaggery seized. The said release shall be subject to the result of the confiscation proceedings in F.I.R.No.207 of 2025. No order as to costs. Miscellaneous applications pending, if any, shall stand closed. Sd/-SHAIK MOHD RAF! ASSISTANT REGISTRAR % //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue (Excise) Dept., State of Andhra Pradesh, Secretariat Buildings, at Velagapudi, Amaravathi, Guntur District. 2. The Deputy Commissioner Pro. and Excise, Eluru Division, Eluru District. 3. The Station House Officer, Prohibition and Excise Station, Chintalapudi, Eluru District. 4. One CC to Sri Babuji Tenneti, Advocate [OPUC] 5. Two CCs to GP for Prohibition & Excise, High Court of Andhra Pradesh. [OUT] 6. Two CD Copies RAM HIGH COURT DATED:12/06/2025 ORDER 13 JUN J025 I WP.No.14253 of 2025 fX DISPOSING OF THE WP WITHOUT COSTS