APHC010299822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI r iri. I WEDNESDAY, THE TWENTY FIFTH DAY OF JUN TWO THOUSAND AND TWENTY FIVE 3 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6236 OF 2025 Between: Gampala Manikanta Swamy, S/o. Nageswara Rao, Aged 24 years R/o.5-336, Mangayamma Peta Near Hostel, Prathipadu Mandal, Kakinada District, Andhra Pradesh. Dharmavaram, ...PETITIONER/ ACCUSED AND The State of Andhra Pradesh , Represented by its Public High Court of Andhra Pradesh, High Court Buildings Guntur District, Andhra Pradesh (Prohibition and Excise Police Station Pithapuram, Kakinada District). Prosecutor, at Nelapadu, ... RESPONDENT V Siva Rama Raju, S/o. Not known to the petitioner. Age: Major, Occ: P & E Inspector, Prohibition and Excise Station, Pithapuram, Kakinada District, Andhra Pradesh. ...RESPONDENT/DEFACTO COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to call for the No. 158/2025, dated Station, Pithapuram, Kakinada & (B) of A.P. Prohibition Act, records relating to and iin connection with FIR Excise Police ' 7-B, r/w 8(A) same. 07.06.2025 on the file Prohibition & District, registered under Section 1995 amended as 2020 and to quash the 1A N0:2QF ?n9i; Petition under Section stated in the Memorandum 528 of BNSS, praying that in the ci ^ Grounds of Criminal Petition ay be pleased to stay of all further 158/2025, dated 07.06.2025 circumstances the High Court proceedings in connection with FIR on the file of Prohibition & Excise No. Police Station, r/w 8(A) & (B) of Pithapuram, Kakinada District A.P. Prohibition Act registered under Section 7-B 1995 amended as 2020. Counsel for the Petitioner Counsel for Respondent No. COURT OF A.P Counsel for Respondent No.2 : - The Court made the following ■ ^ SAI KUMAR, ADVOCATE 1 : THE PUBLIC PROSECUTOR, high ORDER: APHC010299822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0MS r t-LMT [3457] WEDNESDAY,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6236/2025 Between: Gampala Manikanta Swamy ...PETITIONER/ACCUSED AND The State Of Ap And Another and Others Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S) 2 The Court made the following: The instant petition under Section 528 of the Bharatiya Nagrik Suraksha Sanhitha has been filed, by the Petitioner/Accused, seeking quashment of the proceedings against him in FIR No.158 of 2025 of Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered for the offences under Section 7(B) r/w 8(A) and (B) of the Andhra Pradesh Prohibition Act, 2020. 2. Heard Sri V.Sai Kumar, learned counsel for the Petitioner and learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively. 4. For ready reference, the order passed in Criminal Petition No.7742 of 2019 is extracted hereunder: “Learned counsel for the petitioner submits the petitioner isthe proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he ivas brining black Jaggery for the purpose of his business, the same was seized under the cover of mediator’s report. He further submits that even on consideration of the entire averments in the mediators report, which lead to registration of the subject crime, the petitioner only allegedly indulged in transportation of black jaggery. /As per G.O.Ms.No.149, Revenue (Excise-ll) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore. 3 the penal provisions are not attracted : has drawn the attention of this Court to the to the case on hand. He also earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings the order in Crl.P.No.52 of 2010, therein and also dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed. Learned Additional Public Prosecutor fairly states that the matter is a covered matter. Having regard to the facts and submissions and the legal position, this Court is of the considered vr are made out for quashing the proceedings against the petitioner. In the result, the criminal petition is allowed and the proceedings F.I.R.No.262 of 2019, Godavari District, registered for the offence A.P. Prohibition Act, 1995 and Section 3 of the GUR Use) Order, 1968, are hereby quashed.” view that valid and sufficient grounds in on the file of the Thondangi Police Station, East under Section 34(e) of (Regulation of 5. Hence, following the said Orders passed by this Court in Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal 2019, 4826 of 2020 and 7593 of 2021 Petition Nos.6911 of and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioner/Accused in FIR No. 158 of 2025 of Prohibition & Excise Police Station, Pithapuram registered for the offences under Section 7(B) r/w 8(A) and (B) of the Andhra Pradesh Prohibition Act, 2020. Kakinada District 6. In the result, the Criminal Petition is allowed. 4 As a sequel, miscellaneous petitions pending, if any, shall stand closed. SOI- K.SRINIVASA RAJU ASSISTANT REGISTRAR / //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Prohibition and Excise Police Station, Pithapuram, Kakinada District. 2. One CC to SRI V SAI KUMAR, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of A.P. at Amaravathi [OUT] 4. Three CD Copies GPC TAG / HIGH COURT DATED; 25/06/2025 ORDER CRLP NO. 6236 OF 2025 ALLOWING THIS CRIMINAL PETITION