APHC010363792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0E0 0 FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7516 OF 2025 Between: Gampala Manikanta Swamy, S/o. Nageswara Rao, Aged 24 years R/o.5-336 Mangayamma Peta, Near Hostel, Dharmavaram Prathipadu Mandal Kakinada District, Andhra Pradesh. ...Petitioner/Accused No.2 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh (Prohibition and Excise Police Station, Pithapuram, Kakinada District). ...Respondent 2. J. Vijay Kumar, S/o. Not Known to the petitioner, aged Major, Occ. P and E Sub-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 records relating to and in connection with FIR No. 145/2025, dated 27.05.2025 on the file Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered under Section 7-A, Prohibition Act, 1995 amended as 2020 before this Hon’ble Court. lA NO: 1 OF 2025 r/w 8 (A) of A.P. 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 dispense with certified copy of FIR No. 145 of 2025, dated 27.05.2025 on the file of Prohibition & Excise Kakinada District, registered under Section 7-A r/w 8 Police Station, Pithapuram, (A) of A.P. Prohibition Act, 1995 amended as 2020 before this Hon’ble Court. lA NO: 2 OF 20?.^ 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 stay of all further proceedings No.145/2025, dated 27.05.2025 Station, Pithapuram, Kakinada District of A.P. Prohibition Act, 1995 amended as 2020 before this Hon’ble Court. Counsel for the Petitioner: SRI V. SAI KUMAR Counsel for the Respondent No.1: PUBLIC PROSECUTOR Counsel for the Respondent No.2: — The Court made the following ORDER: in connection with FIR on the file of Prohibition & Excise Police registered under Section 7-A, r/w 8 (A) 1 APHC010363792025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7516/2025 Between; 1.GAMPALA MANIKANTA SWAMY, S/0. NAGESWARA RAO, AGED 24 YEARS R/0.5-336, MANGAYAMMA PETA, NEAR HOSTEL, DHARMAVARAM PRATHIPADU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT, ANDHRA PRADESH (PROHIBITION AND EXCISE POLICE STATION, PITHAPURAM, KAKINADA DISTRICT). 2.J VIJAY KUMAR, S/0. NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC- P AND E SUB-INSPECTOR, PROHIBITION AND EXCISE STATION, PITHAPURAM, KAKINADA DISTRICT, ANDHRA PRADESH. ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to call for the records relating to and in connection with FIR No.145/2025, dated 27.05.2025 on the file Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended as 2020 and to quash the same and pass 2 lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to dispense with filing of original certified copy of FIR No.145/2025. dated 27.05.2025 on the file of Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended as 2020 before this Hon’ble Court and the pass lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased may be pleased to stay of all further proceedings in connection with FIR No.145/2025, dated 27.05.2025 on the file of Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended as 2020 and pass Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7516/2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused No.2, seeking quashment of the proceedings against him in FIR No.145 of 2025, of Prohibition & Excise > '>■ Police Station, Pithapuram, Kakinada District, for the offence punishable under Section 7-A r/w 8(A) of A.P.Prohibition Act, 1995, amended as 2020 2. Heard Sri V.Sai Kumar, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, 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 was 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 4 pemoner only allegedly indulged in transportation of black jaggery As per G.OMSMOM9. Revenue (Rydse-ll, Oepartmen, 18.04.2017, black jaggery i. dated . IS an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He also Court to the earlier orders of this Court has drawn the attention of this in CrfP.No. 10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.P.No.52 of 2010, criminal proceedings against the petitioners Learned Additional Public Prosecutor dated 30.04.2010, wherein the were quashed, fairly states that the matter IS a covered matter. Having regard to the facts and submissions this Court is of the considered vl are made out for quashing the and the legal position, view that valid and sufficient grounds proceedings against the petitioner. in the result, the criminal petition F.I.R.No.262 of 2019, Godavari District, A.P. Prohibition Act, 1995 ai is allowed and the proceedings /, on the file of the Thondangi Police Station registered for the offence under Section in ; East 34(e) of 3 of the GUR (Regulation Use) Order, 1968, are hereby quashed. of 5. Hence, following the said Orders passed by this Court i 19.02.2020 and Criminal Petition of 2021, and taking into consideration in Criminal Petition No.7742 of 2019, dated 2019, 4826 of 2020 and 7593 facts and circumstances of the Nos.6911 of of the case, this criminal petition is allowed by quashing the proceedings against the Petitioner/Accused in FIR No. 145 of 2025, of Prohibition & Excise Police Station, Pithapuram, Kakinada District under Section 7-A r/w 8(A) of A.P.Prohibition , for the offence punishable 1995, amended as 2020. Act, 5 6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. f' Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR w //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 CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravati. [OUT] 4. Two CD Copies at Chp sree HIGH COURT DATED:18/07/2025 ORDER CRLP NO. 7516 OF 2025 allowing the CRIMINAL PETITION