w APHC010308042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0? WEDNESDAY, THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6337 OF 209/^ Between: SRI VAKACHARLA NARAYANA RAO ALIAS GOPI Venkateswara Rao, Occ; Business, Age. 44 Years, R/o. D.No. 7-213/2, Bus Stand, Korukonda Village, Korukonda Mandal, East Godavari District. S/o Vakacharla ...Petitioner/A-3 AND THE STATE OF ANDHRA PRADESH High Court of A.P. at Amaravathi through its PP Sub Inspector, Prohibition and Excise PS, Korukonda, East Godavari Dist. rep. by its Public Prosecutor, ...Respondent Petition filed under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to call for the 2025 of Prohibition & Excise PS , the records relating to FIR No. 242 of Korukonda, East Godavari District and quash the same. lA NO: 2 OF 202^ Petition filed under Section 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition High Court may be pleased to grant stay of all further , the proceedings including arrest of the petitioner in respect of FIR No. 242 of 2025 of Excise PS, Koranukonda, East Godavari District present criminal petition. Prohibition & pending disposal of the Counsel for the Petitioner: Sri Kiran Tirumalasetti Counsel for the Respondent: The Public Prosecutor The Court made the following order: Advocate High Court of A.P. 1 HN, J Crl.P.No.6337 2025 APHC010308042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY ,THE TWENTY FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6337/2025 Between: Sri Vakacharla Narayana Rao Alias Gopi ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.KIRAN TIRUMALASETTI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.6337_2025 The Court made the following Order: 1. The learned counsel for the petitioner submits that the police have registered a Crime No.242 of 2025, on the file of the Prohibition and Excise Police Station, Korukonda, East Godavari District, for the alleged offence under Section 7-B read with Sections 8-A and 8-B of the Andhra Pradesh Prohibition Act, 1995. 2. The learned counsel for the petitioner submits that the there is no seizure in the present case. However, it appears that the petitioner has been roped in as an accused solely based on the alleged confession statement of the co-accused. It is submitted that the petitioner is engaged in the business of selling kirana (grocery) items used for day-to-day household needs, and as part of his business, he also sells jaggery. 3. The learned counsel for the petitioner further submits that the petitioner is duly registered with the competent authority for conducting his business, and a valid license has been issued. It is also submitted that the petitioner regularly pays Goods and Services Tax (GST) for the business conducted by him. The relevant certificates issued by the competent authorities have also been filed. 4. Heard both the learned counsel. 3 HN, Crl.P.No.6337_2025 5. Selling of Jaggery is not a prohibited activity and is legally permissible. It is equally surprising as to how the police have implicated a businessman merely for selling jiggery. The intent of the purchaser of jaggery would not be known or attributable to the businessman who sells Jaggery. The purchase of Jaggery in huge quantities also cannot, by itself, be a ground for implicating a business or vendor as a co-accused in cases registered under the Andhra Pradesh Prohibition Act, 1995. When the petitioner is not aware of the purchase for which the Jaggery was purchased, and when there is no evidence of any seizure of Jaggery from the petitioner, he cannot be implicated as a co-accused for the offence registered under Section 7-B read with Sections 8-A and 8-B of said Act. 6. With these observations, this Court is inclined to quash the Crime No.242 of 2025, on the file of the Prohibition and Excise Police Station, Korukonda, East Godavari District. 7. Accordingly'-thef Criminal Petition is allowed. As a sequel,'gentling miscellaneous petitions, if any, sh^stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISJRAR //TRUE COPY// s^j^^Tofficer To, 1. The Station House Officer/ Station in-Charge, Prohibition & Excise PS Korukonda, East Godavari District. 2. One CC to Sri Kiran Tirumalasetti, Advocate [OPUC]. 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies GPC nm 'p HIGH COURT DATED; 25/06/2025 ORDER CRLP NO. 6337 OF 2025 ALLOWING THIS CRIMINAL PETITION nm