APHC010332502022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI FRIDAY, THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.4941 of 2022 Between: Mr. Karipetti Koteswara Rao, S/o. Lakshmana Rao, Aged 38 Years, R/o. H. No. 10-64, Ramalayam Area, Tadimalla Village, Nidadavole Mandal, West Godavari District. ...Petitioner/Accused AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of A.P., at Nelapadu, Amaravathi, Guntur District. 2. The Station House Officer, Special Enforcement Bureau Station, Jangareddy Gudem, West Godavari District. ...Respondents/Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings in Cr. No. 139 of 2022 on the file of the 2 nd Respondent i.e. Jangareddy Gudem, West Godavari District. The Special Enforcement Bureau Station, lA NO: 2 OF 7n77 Petition under Section 482 of Cr.P.C praying that in the circumstances Stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to stay of all further proceedings in Cr. No. 139 of 2022 on the file of the 2 Respondent i.e., The Special Enforcement Bureau Station, Jangareddy Gudem, West Godavari District pending disposal of the main Criminal Petition. Counsel for the Petitioner : Sri Babuji Tenneti Counsel for the Respondents: Public Prosecutor The Court made the following Order: APHC010332502022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4941/2022 Between: 1.KARIPETTI KOTESWARA RAO, S/0. LAKSHMANA RAO, AGED 38 YEARS, R/0. H. NO. 10-64, RAMALAYAM AREA, VILLAGE, NIDADAVOLE MANDAL, WEST GODAVARI DISTRICT. TADIMALLA ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH PROSECUTOR, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PUBLIC ‘ HIGH COURT OF A.P., AT NELAPADU, 2.THE STATION HOUSE OFFICER, SPECIAL ENFORCEMENT BUREAU STATION, JANGAREDDY GUDEM, WEST GODAVARI DISTRICT. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court to Quash the proceedings in Cr. No.139 of 2022 on the file of the 2nd Respondent i.e.. The SEB Station, Jangareddygudem and to pass lA NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased To dispense with the filing of certified copy of in Cr. No. 139 of 2022 on the file of the 2nd Respondent i.e.. The SEB Station, Jangareddygudem and to pass 2 lA NO: 2 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased To stay of all further proceedings in in Cr. No. 139 of 2022 on the file of the 2nd Respondent i.e., The SEB Station, Jangareddygudem and to pass Counsel for the Petitioner/accused: 1.BABUJI TENNETI Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 'ti The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is arrayed accused in Crime No. 139 of 2022 on the file of Special Enforcement Bureau Station, Jangareddigudem, for alleged offence under Section 34(A) of A.P. Excise Act, 1968. It is submitted that even as per the FIR, it is stated that the Inspector has found one non-duty-paid liquor bottle with 375ml remaining in the bottle. as 2. Learned counsel for the petitioner submits that G.O.Ms.No.411 would permit possession of three bottles of liquor of any size and six bottles of 650ml of beer and two bulk litres of toddy. It is submitted that the petitioner not carrying any liquor beyond permissible limit in the car. However, the petitioner is now facing allegations of offence under Section 34(A) of A.P. Excise Act. It is also submitted that this Hon’ble Court in W.P.No.14386 of 2020, allowed the writ petition and held that the registration of crime on the ground of possession of alcohol brought into the State of Andhra Pradesh from neighboring states was bad in law and Crime No.95 of 2020 was quashed by this Court. 3. Following the same, this Court is of the considered view that the petitioner has not contravened the provisions of G.O.Ms.No.411 dated 24.08.2019 even as per the facts narrated in the complaint and from the seizure panchanama. was 4 On these grounds, Crime No. 139 of 2022 on the file of Special Enforcement Bureau Station, Jangareddigudem, is hereby quashed, and the Criminal Petition is allowed. 4. sequel, miscellaneous applications pending, if any, shall 5. As a stand closed. Sd/- A VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// \ \ SECTION OFFICER To 1. The Station House Officer, Special Enforcement Bureau Station, Jangareddy Gudem, West Godavari District. 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh Amaravathi[OUT] 3. One CC to Sri Babuji Tenneti, Advocate [OPUC] 4. Two CD Copies TK vna HIGH COURT DATED:27/06/2025 ORDER CRLP No.4941 of 2022 I T* m OT ^ * Curreni Section ALLOWING THE CRIMINAL PETITION