APHC010299872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6241 OF 2025 Between: 1. Gampala Manikanta Swamy, S/o Nageswara Rao, Aged 24 5-336, Mangayamma Peta, Near Hostel, Dharmavaram, Prathipadu Mandal Kakinada District, Andhra Pradesh. years, R/o ...PETITIONER/ACCUSED N0.3 AND 1. The State of Andhra Pradesh, Represented by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Nelapadu, Guntur District, Andhra Pradesh (Special Enforcement Bureau Station, Kakinada) North ...RESPONDENT Kakinada, 2. Sub- Inspector, Special Enforcement Bureau, North Station Kakinada District ...RESPONDENT/DEFACTO COMPLAINANT Petition 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 call for the records relating to and in connection with FIR No.235/2023, dated 21.11.2023 on the file of Special Enforcement Bureau. North Station, Kakinada, Kakinada District, registered under Section 7-A, r/w 8(E) of A.P. Prohibition Act, 1995 amended as 2020 and to quash the same. lA 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 stay of all further proceedings in connection with FIR No.235/2023. dated 21.11.2023 on the file of Special Enforcement Bureau, North Station, Kakinada, Kakinada District, registered under Section 7-A, r/w 8(E) of A.P. Prohibition Act, 1995 amended as 2020. Counsel for the Petitioner : SRI V SAI KUMAR Counsel for the Respondent: MS. K PRIYANKA LAKSHMI, ASSISTANT PUBLIC PROSECUTOR The Court made the following ORDER : / 1 / APHC010299872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396J WEDNESDAY, THE SIXTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6241/2025 Between: GAMPALA MANIKANTA SWAMY, 5-336, MANGAYAMMA PETA, NEAR FLOSTEL, DHARMAVARAM, PRATHIPADU MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED AND 1. THE STATE OF AP, THE STATE OF AP AND ANOTHER ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.VSAI KUMAR Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 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.3, seeking quashment of the proceedings against him in F.I.R.No.235 of 2023 on the file of Special Enforcement Bureau, North Station, Kakinada, Kakinada District registered for the offence under Section 7-A read with 8-C of A.P.Prohibition Act, 1995. 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. 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-ll) 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 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. ” 3 r"-' 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.3 in F.I.R.No.235 of 2023 on the file of Special Enforcement Bureau, North Station, Kakinada, Kakinada District registered for the offence under Section 7-A read with 8-C of A.P.Prohibition Act, 1995. In the result, the Criminal Petition is allowed. 5. 6. Pending applications, if any, shall stand closed SD/- P.VINOD KUMAR ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Special Enforcement Bureau, North Station, Kakinada, East Godavari (Kakinada) District 2. One CC to Sri. V Sai Kumar Advocate [OPUC] 3. Two CCs to the Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Two CD Copies Stu TAC HIGH COURT DATED:06/08/2025 ORDER CRLP NO. 6241 OF 2025 0 3 OCT 2025 \l=l= lO ALLOWING THE CRIMINAL PETITION