APHC010535012025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10505 OF 2025 Between: 1. Omni Santosh Kumar, s/o Malleswasra Rao aged about 37 years, occ Driver, r/o Shanthibavanthi I Way road. Near Yerakam Parental Gundam Street, S.Kota village and Mandal, Vizianagram District. 2. M.Venkatarao, s/o Sathyanarayana, aged about 58 year r/o 3-90, Neyyalaguda, Kothaballeguda, Visakhaptnam. 3. Dasari Bangaru Raju, s/o Dasari Ramarao aged about 54 years, r/o H.No. 46/5, Main Road Srungavarapukota, Vizianagaram District. 1. The State of Andhra Pradesh, t Station, Visakapatnam District, rep. by Public Prosecutor, High Court, Amaravati. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memor Criminal Petition, the High CourtPleased to call for the records relating to the F.I.R.No. 145 of 2015-16 on the file of the Araku Proh. and Excise Station, Visakhapatnam District, and quash the thereon IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10505 OF 2025 1. Omni Santosh Kumar, s/o Malleswasra Rao aged about 37 years, occ Driver, r/o Shanthibavanthi I Way road. Near Yerakam Parental Gundam Street, S.Kota village and Mandal, Vizianagram District. 2. M.Venkatarao, s/o Sathyanarayana, aged about 58 years, occ Business, 90, Neyyalaguda, Kothaballeguda, Visakhaptnam. 3. Dasari Bangaru Raju, s/o Dasari Ramarao aged about 54 years, r/o H.No. 46/5, Main Road Srungavarapukota, Vizianagaram District. ...Petitioners AND 1. The State of Andhra Pradesh, through S.H.O., Araku Proh. and Excise Station, Visakapatnam District, rep. by Public Prosecutor, High Court, ...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 Criminal Petition, the High CourtPleased to call for the records relating to the 16 on the file of the Araku Proh. and Excise Station, Visakhapatnam District, and quash the thereon IN THE HIGH COURT OF ANDHRA PRADESH THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Omni Santosh Kumar, s/o Malleswasra Rao aged about 37 years, occ Driver, r/o Shanthibavanthi I Way road. Near Yerakam Parental Gundam s, occ Business, 3. Dasari Bangaru Raju, s/o Dasari Ramarao aged about 54 years, r/o H.No. ...Petitioners hrough S.H.O., Araku Proh. and Excise Station, Visakapatnam District, rep. by Public Prosecutor, High Court, ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS andum of Grounds of Criminal Petition, the High CourtPleased to call for the records relating to the 16 on the file of the Araku Proh. and Excise Station, 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 pleased to grant stay of all further proceedings in F.I.R.No. 145 of 2015-16 on the file of the Araku Proh. and Excise Station, Visakhapatnam District, pending disposal of the Criminal petition 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 pleased to grant stay of all further proceedings in F.I.R.No. 145 of 2015-16 on the file of the Araku Proh. and Excise Station, Visakhapatnam District, pending disposal of the Criminal petition Counsel for the Petitioners: PILLIX LAW FIRM Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10505 OF 2025 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused Nos.1 to 3, seeking quashment of the proceedings against him in proceedings in FIR No. 145 of 2015-16 on the file of the Araku Prohibition and Excise Station, Visakhapatnam District. 2. Heard Sri P.Kasi Nageswara Rao, learned counsel for the Petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioners 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 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 isthe 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. 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 this Court in Criminal Petition No.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 proceedings in FIR No. 145 of 2015-16 on the file of the Araku Prohibition and Excise Station, Visakhapatnam District. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 14.10.2025 KKV THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10505 of 2025 Dt.14.10.2025 KKV