APHC010431972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE TWENTY SECOND DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8717/2025 Between: 1. T.LINGABABU ALIAS LINGASWAMY, S/O T.NAGARAJU, AGED ABOUT 62 YEARS, OCC. BUSINESS, M/S ASWINI GENERAL MERCHANTS, 24-7-61, NARSIPATNAM, ANAKAPALLI DISRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through S.H.O., Narsipatnam Proh. and Excise Station Anakapalli District, rep. by Public Prosecutor, High Court, Amaravati. ...RESPONDENT/COMPLAINANT 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 CourtPleased to call for the records relating to the F.I.R.No. 184 of 2022 on the file of the Narsipatnam Proh. and Excise Station, (previously SEB Station) Anakapalli District, and quash the proceedings thereon, and to grant IA 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 pleased to grant dispense with filing of the certified copy of the F.I.R.No. 184 of 2022 on the fiie of the Narsipatnam Proh. and Excise Station, (previously SEB Station) Anakapaiii District, in the interest of justice. 2 IA 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 to grant stay of all further proceedings in F.I.R.No. 184 of 2022 on the file of the Narsipatnam ' Proh. and Excise Station, (previously SEB Station) Anakapalli District, pending disposal of the Criminal petition, and to pass Counsel for the Petitioner/accused: 1. P ADITYA HARSHA VARDHAN Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8717/2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused No.3, seeking quashment of the proceedings pending against him in Crime No.184 of 2022 of Narsipatnam Proh. And Excise Station, Anakapalli District registered for the offences punishable under Sections 7(B) r/w 8(B) & 8(A) of Andhra Pradesh Prohibition Amendment Act, 2020. 2. Heard Sri P.Aditya Harsha Vardhan, learned counsel for the Petitioner/Accused No.3 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of 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: 4 “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-II) 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 Crl.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.” 5. Hence, following the said Orders passed by this Court in Criminal Petition No.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.3 in Crime No.184 of 2022 of Narsipatnam Proh. And Excise Station, Anakapalli District 5 registered for the offences punishable under Sections 7(B) r/w 8(B) & 8(A) of Andhra Pradesh Prohibition (Amendment) Act, 2020. 6. In the result, the Criminal Petition is allowed. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 22.08.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8717/2025 Dated.22.08.2025 UPS 203