APHC010459812025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9222/2025 Between: 1. MANAM NAGARAJU, S/O VENKATARAMANA, AGED 33 YEARS, OCC DRIVER, R/O LINGAMPARTHI VILLAGE, YELESWARAM MANDAL, KAKINADA DISTRICT. 2. SILAPARASETTI VENKATARAMANA ALIAS VENKANNABABU, S/O SEETARAMULU, AGED ABOUT 55 YEARS, OCC BUSINESS, PROP. SRI DATTASAI TRADING COMPANY, BLOCK 5, 5-076, BELLAM MARKET, YERRAVARAM KAKINADA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep. by Public Prosecutor, High Court, Amaravati. through S.H.O., Prathipadu Proh. and Excise Station, Kakinada District, ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. P ADITYA HARSHA VARDHAN 2. PILLIX LAW FIRM Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9222/2025 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 Petitioners/Accused Nos.1 & 2, seeking quashment of the proceedings pending against them in FIR No.323 of 2022 on the file of Prathipady Proh. And Excise Station, Kakinada District, registered for the offences punishable under Sections 34(3) r/w 34(2), 31(1)(i), 42(C), 50 of A.P. Excise Act, 1968 and Gur Rules Central Act. 2. Heard Sri P.Aditya Harsha Vardhan, learned counsel for the Petitioners/Accused Nos.1 & 2 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. It is submitted by the learned counsel for the Petitioners 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: 3 “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 Petitioners/Accused Nos.1 & 2 in FIR No.323 of 2022 on the file of Prathipady Proh. And Excise Station, Kakinada 4 District, registered for the offences punishable under Sections 34(3) r/w 34(2), 31(1)(i), 42(C), 50 of A.P. Excise Act, 1968 and Gur Rules Central Act. 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: 08.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9222/2025 Dated.08.09.2025 UPS 98