1 APHC010263812022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 4116/2022 Between: 1. SEERAM SRINIVAS RAO, S/O NANDI RAJU, 52Y, R/O. UTTARAKANCHI VILLAGE, PRATHIPADU MANDAL, EAST GODAVARI DISTRICT, A.P. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT HIGH COURT BUILDINGS, NELAPADU, GUNTUR DISTRICT, A.P. 2. MR R MOHAN RAO, S/O NOT KNOWN TO THE PETITIONER, AGED MAJOR, OCC. SUB-INSPECTOR OF POLICE, INTERLIGENCE WING, KAKINADA, EAST GODAVARI DISTRICT, A.P. ...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 Courtpleased to call for the recrods in connection with FIR No. 770 of 2022 on the file of SEB Police Station, Prathipadu, East Godavari District and to quash and pass IA NO: 1 OF 2022 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 stay of all further proceedings in FIR No. 770 of 2022 on the file of SEB police Station, Prathipadu, East Godavari District and pass Counsel for the Petitioner/accused: 1. V SAI KUMAR Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, by the Petitioner / Accused No.2, seeking quashment of the proceedings against him in F.I.R.No.770 of 2022 on the file 2 of Special Enforcement Bureau, Prathipadu, East Godavari District registered for the offence under Section 7-B read with 8-A of A.P.Prohibition (Amendment) Act, 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 the Coordinate Benches 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. 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 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. 3 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 the Coordinate Benches 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 quashing the proceedings against the Petitioner / Accused No.2 in F.I.R.No.770 of 2022 on the file of Special Enforcement Bureau, Prathipadu, East Godavari District, registered for the offence under Section 7-B read with 8-A of A.P.Prohibition (Amendment) Act, 2020. 6. In the result, the Criminal Petition is allowed. Pending applications, if any, shall stand closed _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 27.11.2025 RSD 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.4116 of 2022 Dt.27.11.2025 Date: 27.11.2025 RSD