APHC010500572025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9976 OF 2025 Between: 1. Kucherlapati Rana Prudhvi Singh, S/o. Srinivasa Raju, Aged about 27 years, Occ Labourer, D. No. 30 Godavari District, Andhra Pradesh 1. The State of Andhra Pradesh, Repres Court of Andhra Pradesh at Amaravati 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 in C.C. No. 418 of 2025 on the file of the Hon'ble Principal Civil Judge (Junior Division) Cum Judicial Magistrate of / First Class, Tanuku, West Godavari District., and quash the same so far as the petitioner 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 may be pleased to direct to dispense with filing IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9976 OF 2025 1. Kucherlapati Rana Prudhvi Singh, S/o. Srinivasa Raju, Aged about 27 years, Occ Labourer, D. No. 30-6-18, Pinisettivari Street, Tanuku Town, West Godavari District, Andhra Pradesh - 534211 ...Petitioner AND 1. The State of Andhra Pradesh, Represented by the Public Prosecutor, High Court of Andhra Pradesh at Amaravati ...Respondent 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 Courtmay be pleased to call for the records in C.C. No. 418 of 2025 on the file of the Hon'ble Principal Civil Judge (Junior Division) Cum Judicial Magistrate of / First Class, Tanuku, West Godavari District., and quash the same so far as the petitioner is concerned. 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 direct to dispense with filing IN THE HIGH COURT OF ANDHRA PRADESH THE TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Kucherlapati Rana Prudhvi Singh, S/o. Srinivasa Raju, Aged about 27 18, Pinisettivari Street, Tanuku Town, West ...Petitioner ented by the Public Prosecutor, High ...Respondent 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 Courtmay be pleased to call for the records in C.C. No. 418 of 2025 on the file of the Hon'ble Principal Civil Judge (Junior Division) Cum Judicial Magistrate of / First Class, Tanuku, West Godavari 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 direct to dispense with filing of the certified copy of cognizance order and charge sheet may be pleased to direct to dispense with filing of the certified copy of cognizance order 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 may be pleased to stay of all further proceedings including appearance of the Petitioner in C.C. No. 418 of 2025 on the file of the Hon'ble Principal Civil Judge (Junior Division) Cum Judicial Magistrate of First Class, Tanuku West Godavari District., pending disposal of the Criminal Petition before this Hon'ble Court Counsel for the Petitioner: KANUKOLANU SRI SAI SANJAY Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9976 OF 2025 ORDER: The instant petition under Section 482 of the Code of Criminal Procedure, 19731 has been filed, by the Petitioner/Accused, seeking quashment of the proceedings against in C.C.No.418 of 2025 on the file of the Hon’ble Principal Civil Judge (Junior Division) Cum Judicial Magistrate of First Class, Tanuku for the offence registered under 34(A) of A.P.Excise (Amendment) Act-2020. 2. 2. At the time of hearing, Ms.K.Sri Sai Sanjay, learned counsel for the Petitioner would submit that, this is a covered matter, wherein a Coordinate Bench of this High Court in G.Madhusudhan Reddy Vs. State of A.P., and Others1, held as follows: “A plain simple grammatical interpretation of G.O.Ms.No.411 read with Section 34 of the Act makes it clear that if a person possesses more than three bottles of IMFL or the other intoxicant as stipulated, then only he would be said to have committed an offence under Section 34 (1) of the Act. A penal provision, like Section 34 (1)(a) of the Act has to be interpreted strictly. This is the settled law and needs no elaboration. Both on the basis of a strict and also the plain grammatical interpretation, leads this Court to inescapable conclusion which is detailed below. CONCLUSION: This Court is, therefore, of the clear view that the possession or the transportation of liquor and other intoxicants etc., upto the limits as per the G.O.Ms.No.441, which are as follows: 1 2020 (5) ALD 416 (AP) “1) Indian Made Foreign Liquor (IMFL):3 bottles of any size 2) Foreign Liquor(FL):3bottlesofanysize. 3) Denatured/emthylatedspirit:3bulklitres 4) Beer:6bottlesof650mleach 5) Toddy:2bulklitres 6) Rectified spirit/intoxicating drugs: Nil.” is not an offence whether the liquor is purchased in the State of Andhra Pradesh or if the liquor etc.,is purchased outside the State of Andhra Pradesh and is brought into the State of Andhra Pradesh. For the above reasons W.P.No.14386 of 2020 is allowed. The action of the State in registering the crime on the ground that the alcohol is brought into Andhra Pradesh from the neighboring State is held to be bad in law. All further proceedings under Crime No.95 of 2020 of Rampachodavaram Police Station, are quashed, in line with the landmark judgment of the Hon’ble Supreme Court of India in Bajanlal case(3supra), since the uncontroverted allegations in the FIR etc.,do not disclose the commission of any offence. Consequently, a direction is issued to the respondents to immediately release the vehicle bearing No. AP 31 ZG T/R 2970.” 3. Ms. K.Lakshmi Prasanna, learned Additional Public Prosecutor fairly conceded that it is a covered order. 4. In that view, the criminal petition is allowed quashing the proceedings against the Petitioners/Accused in Crime No.418 of 2025 of the learned Principal Civil Judge (Junior Division) cum Judicial Magistrate of First Class, Tanuku, West Godavari District for the offence registered under Section 34(a) of A.P.Excise (Amendment) Act. Pending applications, if any, shall stand closed. JUSTICEVENKATAJYOTHIRMAIPRATAPA Date: 23.09.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9976 OF 2025 Date: 23.09.2025 KKV