f APHC010108722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 2424 OF 2025 Between: Juluri Rambabu, S/o. Papa Rao, aged about 55 Prop. M/s. Mahalakshmi Jaggery and General Merchant Visannapet, NTR District years, Occ: Business, Main Road, ...PETITIONER/ACCUSED N0.2 AND The State of Andhra Pradesh, through S.H.O. Station, Eluru District Nuzvid Proh. and Excise rep. by Public Prosecutor, High Court, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS stated in the Memorandum of Grounds praying that in the circumstances of Criminal Petition, the High Court J to the FIR No. 38 of 2025 of Station, Eluru District,, and quash the may be pleased to call for the records relating Nuzvid Prohibition and Excise same thereon. lA NO: 1 OF 900^ Petition under Section 528 of BNSS, stated in the Memorandum of Grounds of may be pleased to grant stay of all further praying that in the circumstances Criminal Petition, the High Court proceedings including the arrest of / the petitioner in FIR No. 38 of 2025 of Nuzvid Prohibition and Excise Station Eluru District, pending disposal of the Criminal petition. Counsel r the Petitioner, : PILLIX LAW FIRM the Respondent: THE PUBLIC PROSECUTOR, HIGH COURT Ft made the following ORDER : \ - A, .•ft A ■'v Jhe .1^ 1 APHC010108722025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FOURTEENTH DAY OF AUGUST ' TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION No. 2424/2025 [3396] Between: JULURI RAMBABU, S/0 PAPA RAO, AGED ABOUT 55 YEARS, OCC. BUSINESS, PROP. M/S MAHALAKSHMI JAGGERY AND GENERAL MERCHANT, MAIN ROAD, VISANNAPET, NTR DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, THROUGH S.H.O., NUZVID PROH. AND EXCISE STATION , ELURU DISTRICT, REP. BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.PILLIX LAW FIRM 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.2, seeking quashment of the proceedings against him in F.I.R.No.38 of 2025 on the file of Prohibition & Excise Police Station, Nuzivid, Eluru District registered for the offence under Section 7(B) read with 8(A)(B) of A.P.Prohibition (Amendment) Act, 2020. 2 Ife, f Heard Sri P.Kasi Nageswara Rao, learned counsel for the Petitioner 2. and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 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 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-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. 3 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 GUP (Regulation of Use) Order 1968 are hereby quashed.” , a, 5. Hence, following the said Orders passed by the Coordinate this Court in Criminal Petition Nos.7742 of 2019, Criminal Petition Nos.6911 of 2019, Benches of dated 19.02.2020 and 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.38 of 2025 on the file of Prohibition & Excise Police Station, Nuzivid, Eluru District. In the result, the Criminal Petition is allowed. Pending applications, if any, shall stand closed 6. SD/- B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Nuzvid Prohibition and Excise Station District. 2. One CC to Pillix Law Firm High Court of AP [OPUC] 3. Two CC’s to the Public Prosecutor, High Court of A.P. [OUT] 4. Two CD Copies GPC Eluru TAC ^ / HIGH COURT DATED; 14/08/2025 ORDER CRLP NO. 2424 OF 2025 of ^0 9 SEP 2025 )g ntSectio ALLOWING THIS CRIMINAL PETITION