. -s' APHC010391182025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADESH y THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT honourable dr justice VENKATA JYOTHIRMAI CRIMINAL PETITION No 7g«9 . V pratapa Between: Yanduri Appa Rao @ Yanduri Chinna Appa Rao, S/o Rama Brahmam, Prop, of M/s Jaya Bhavani Rice Nuzvid Road, Agiripalli, NTR District. aged about 53 years, Occ; Business, and General Stores, R.S.No. 90/2 ■..Petitioner/Accused No.2 AND through S.H.O. Tiruvuu Proh. rep. by Public Prosecutor. High Court, Amaravati. The State of Andhra Pradesh Station, NTR District, and Excise ...Respondent/Complainant Petition under Section 528 of BNSS stated in the Memorandum of may be pleased to call for the the file of the Tiruvuru Prohibition the same thereon, jA NO: 1 OF Petition under Section 528 stated in the Memorandum of ‘ may be pleased to grant stay of all further praying that in the circumstances Grounds of Criminal Petition, the High Court records relating to the F.I.R.No.79 of 2025 on and Excise Station, NTR District, and quash of BNSS praying that in the circumstances Grounds of Criminal Petition the High Court proceedings in F.I.R.No.79 of 2025 r on the file of the Tiruvuru Prohibition and Excise Station, NTR District, pending disposal of the Criminal petition. Counsel for the Petitioner : M/s. Pillix Law Firm Counsel for the Respondent : Public Prosecutor The Court made the following order; APHC010391182025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 7982/2025 Between: 1.YANDURI APPA RAO ALIAS YANDURI CHINNA APPA RAO RAMA BRAHMAM, AGED ABOUT 53 YEARS, OCC BUSINESS PROP. OF M/S JAYA BHAVANI RICE AND GENERAL STORES,’ R.S.NO. 90/2, NUZVID ROAD, AGIRIPALLI NTR DISTRICT. ...PETITIONER/ACCUSED S/0 AND 1.THE STATE OF ANDHRA PRADESH, through S.H.O. Tiruvuu Proh. and Excise Station , NTR District, rep. by Public Prosecutor, High Court, Amaravati. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PILLIX LAW FIRM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of the BNSS has been filed, by the Petitioner/Accused No.2, seeking quashment of the proceedings against them in F.i.R.No.79 of 2025 of Prohibition and Excise Station Tiruvuru, NTR District registered for the offence under Section 7 (B) read with 8 (B) of the A.P. Prohibition Act. Heard learned counsel for the Petitioner and the learned Assistant Public Prosecutor for the State. 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 2. 3. 2 Criminal Petition is squarely covered by the similar orders passed by a Coordinate Bench of 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. For ready reference the order passed in Criminal Petition No.7742 of 4. 2019 is extracted hereunder: “Learned counsel for the petitioner submits the petitioner is the 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 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, the penal provisions are not attracted to the case on hand. He also has drawn the attention of this Court to the earlier orders of this Court in CrI.P.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, 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 view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner. In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed. ” Hence, following the said Orders passed by a Coordinate Bench of this Court in Criminal Petition Nos.7742 of 2019, dated 19.02.2020 and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, 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 No.2 in F.l.R.No.79 of 2025 of Prohibition and Excise Station Tiruvuru, NTR District for the offence under Section 7 (B) read with 8 (B) of the A.P. Prohibition Act. In the result, the Criminal Petition is allowed. 5. 6. Sd/- P VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Tiruvuru Prohibition and Excise Station, NTR District 2. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh, Amaravathi[OUT] 3. One CC to M/s. Pillix Law Firm, Advocate [OPUC] 4. Two CD Copies TK vna ♦V, HIGH COURT DATED:31/07/2025 ORDER CRLP No.7982 of 2025 g( 2 2 AUG 2025 j yfrentSectwi,^'^ Co 'ATC ALLOWING THE CRIMINAL PETITION