APHC010217482021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY, THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12527/2021 Between: 1. SHAIK ABDULLA, S/O. HASHAM, AGED 23 YEARS, OCC. STUDENT R/O. 4/101, VINUKONDA ROAD, KARAMPUDI, GUNTUR, ANDHRA PRADESH. 2. C S ABHIRAM, S/O. C. SRINIVAS YADAV, AGED 26 YEARS, OCC. STUDENT, R/O. H. NO. 105, CHANDRA APARTMENTS, SAPTAGIRI NAGAR, KURNOOL, ANDHRA PRADESH. 3. ALLAM DILEEP KUMAR, S/O. LINGAIAH, AGED 22 YEARS, OCC. STUDENT, RIO. DOOR NO. 3-25, GORANTLA, GUNTUR, ANDHRA PRADESH. 4. P. JAGANMOHAN REDDY,, S/O. P. NAGENDRA KUMAR REDDY, AGED 24 YEARS, OCC. STUDENT, RIO. 2/69, TELUGU STREET, KAMALAPURAM, KADAPA DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PROHIBITION AND EXCISE DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DIST. 2. DEPUTY COMMISSIONER OF PROHIBITION AND EXCISE, KURNOOL DISTRICT. 3. THE SUPERINTENDENT OF POLICE, KURNOOL, KURNOOL DISTRICT. 2 4. THE STATION HOUSE OFFICER, NANDYAL II TOWN P.S., NANDYAL, KURNOOL DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. M TARAK ABHILASH Counsel for the Respondent(S): 1. GP FOR PROHIBITION EXCISE 2. GP FOR HOME 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA WRIT PETITION NO: 12527 of 2021 ORDER: This Writ Petition is filed under Article 226 of Constitution of India with the following prayer for: “…pleased to issue a Writ, order or direction, more particularly one in the nature of WRIT OF MANDAMUS declaring the action of 4th respondent in registering the crime no. 431/2020 against the petitioners as illegal, irrational, arbitrary, non-application of mind, without jurisdiction and amounts to excessive exercise of power conferred on him and contrary to the sec. 34(a) of A. P. Excise Act, 1968 as amended by Act 17 of 2020 r/w notification in G.O.Ms. No. 411, Revenue (Excise-II) Department, dated 24-09-2019 and offends articles 14 and 21 of the constitution of India and consequently quash the crime no. 431/2020 on the file of 4th respondent and pass….” 2. Heard Sri M.Tarak Abhilash, learned counsel for the petitioners and Sri V.Farooq, learned Assistant Government Pleader for Home for the respondents. 3. Learned counsel for the petitioners would submit that the allegation against the petitioners in Crime No.431 of 2020 of Nandyal II Town Police Station, is that the petitioners were found to be in possession of 3 mansion house liquor bottles containing 750 ML. Therefore, a case under Section 34(A) of the A.P. Excise Act, 1968, was registered against them. Learned counsel for the petitioners would submit that as per G.O.Ms.No.411 of Revenue (Excise-II) Department, dated 24.09.2019, maximum quantity of intoxicants, which a person may have in his possession at a time without a permit or license, is 3 bottles of IMFL or 3 bottles of FL. Therefore, learned counsel for 4 the petitioners would submit that no offence is made out against the petitioners in view of the aforesaid G.O., as the petitioners are in permissible possession of 3 mansion house bottles. 4. Learned Assistant Government Pleader for Home for the respondents would submit that the Court may pass appropriate orders. 5. Considering the submissions and a fair look at the material placed on record, since the property which was seized from the possession of the petitioners is within the limits as fixed in the G.O.Ms.No.411 of Revenue (Excise-II) Department, dated 24.09.2019, this Writ Petition is allowed by quashing the case in Crime No.431 of 2020 on the file of Nandyal II Town Police Station against the petitioners. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 19.09.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA W.P.No.12527 of 2021 Dated.19.09.2025 UPS 596