APHC010391152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ¥ WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8009 OF 2025 BETWEEN: Jaiidu Pardha Seshagiri Rao, S/o. Venkata Subba Rao, Aged about 57 years, Occ: Business. M/s Kumar Traders, 17/IA, R.K.Nagar Chintalapudi Village and Manal, Eluru District. ...Petitioner/Accused No.2 AND The State of Andhra Pradesh, Through Station House Officer, Chintalapudi Proh. and Excise Station, Eluru District, rep. by Public Prosecutor, High Court, Amaravati. ...Respondent/Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records relating to the F.I.R.No.288 of 2025 on the file of the Chintalapudi Proh. and Excise Station, Eluru District. lA NO: 1 OF 2025 * under Section 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.LR.No. 288 of 2025 on the file of the Chintalapudi Proh. and Excise Station, Eluru District. Counsel for the Petitioner:- PILLIX LAW FIRM Counsel for the Respondent:- PUBLIC PROSECUTOR The Court made the following Order: APHC010391152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8009/2025 Between: 1.JAIDU PARDHA SESHAGIRI RAO, S/0 VENKATA SUBBA RAO AGED ABOUT 57 YEARS, OCC BUSINESS. M/S KUMAR TRADERS 17/LA R.K.NAGAR CHINTALAPUDI VILLAGE AND MANAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through S.H.O., Chintalapudi Proh. and Excise Station ,Eluru District Court, Amaravati. Counsel for the Petitioner/accused: I.PILLIX LAW FIRM Counsel for the Respondent/complainant; 1.PUBLIC PROSECUTOR The Court made the following: ORDER. rep. by Public Prosecutor, High ...RESPONDENT/COMPLAINANT The instant petition under Section 528 of BNSS has been filed, by the Petitioner/Accused No.2, seeking quashment of the proceedings against in F.I.R.No.288 of 2025 of Eiuru Prohibition & Excise Station him Chintalapudi Eiuru District, registered for the offence under Section 7(B) read with 8(A) of the A.P. Prohibition Act read with Section 34 (e) of A.P.Excise Act and Section 4 of Gur regulation. 2. Heard Sri P. Kasi Nageswara Rao, learned counsel for the Petitioner and Ms.D.Lakshmi Prasanna, learned Assistant Public Prosecutor for State. the 2 It is submitted by the learned counsel for the Petitioner and acceded to, 3. by the learned Assistant Public Prosecutor that the subject matter of this 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 oniy allegedly indulged in transportation of black jaggery. As per G.O.Ms No.149, Revenue (Excise-11) 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 Cri.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 iegal 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 5. 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.I.R.No.288 of 2025 of Eluru Prohibition & Excise Station, Chintalapudi, Eluru District, for the offence under Section 7(B) read with 8(A) of the A.P. Prohibition Act read with Section 34 (e) of A.P.Excise Act and Section 4 of Gur regulation. In the result, the Criminal Petition is allowed. 6. Pending applications, if any, shall stand closed Sd/- K J RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Chintalapudi Proh. and Excise Station, Eluru District. 2. One CC to SRI. PILLIX LAW FIRM, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Two C.D Copies. VNA HIGH COURT DATED:13/08/2025 ORDER CRLP NO. 8009 OF 2025 ALLOWING THE CRIMINAL PETITION