1 Date of reserved for orders : Date of pronouncement : 03.07.2026 Date of uploading : 03.07.2026 APHC010316882026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] FRIDAY, THE 3rd DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5072/2026 Between: 1. MAHANKALI NAVEEN, S/O RAYUDU, AGED ABOUT 30 YEARS, OCC BUSINESS, RAYUDU GENERAL STORESJANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, THROUGH S.H.O.JANGAREDDIGUDEM PROH. AND EXCISE STATION,ELURU DISTRICT, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT, AMARAVATI. 2. SNS SUBRAHMANYAM, PROH. AND EXCISESUB-INSPECTOR, JANGAREDDYGUDEM ELURU DISTRICT ...RESPONDENT/COMPLAINANT(S): 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 Court pleased to call for the records relating to the FIR No. 09/2026 on the file of the Jangaredigudem Proh. and Excise Station, Eluru District and quash the proceedings thereon 2 IA NO: 1 OF 2026 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 dispense with filing of the certified copy of the FIR No 09/2026 on the file of the Jangaredigudem Proh. and Excise Station, Eluru District, in the interests of justice IA NO: 2 OF 2026 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 grant stay of all further proceedings including the arrest of the petitioner in FIR No. 09/2026 on the file of the Jangaredigudem proh. and Excise Station, Eluru District, pending disposal of the Criminal petition Counsel for the Petitioner/accused: 1. G VENKATESWARLU Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5072 of 2026 ORDER:- The present criminal petition has been filed to call for the records pertaining to Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District and to quash the same. 2. Heard Sri G.Venkateswarlu, learned counsel for the Petitioner and Sri Neelothpal Ganji, 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 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 4 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 pending against the Petitioner/Accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District 5 registered for the offences punishable under Section 7(B) read with 8 (A)&(B) of Andhra Pradesh Prohibition Act, 2020 (Second amendment Act, 2020). 6. In the result, the Criminal Petition is allowed. As a sequel, all pending applications shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 03.07.2026 RMR Whether the order is : Speaking ☑ Reasoned Reportable Non-reportable ☑ 6 261 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5072 of 2026 03.07.2026 W RMR