The High Court · 2025

The State of Telangana, through S.H.o. Hills Colony Police Station, Warangal District, Rep. by its?ublic Prodecutor, High Court, Hyderabad ,..Respondent / 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 retating to the c.c.No1744 of 2021 on the file of the I Addl. Judicial First Class Magistrate at Warangal, and quash the proceedings thereon. l.A. NO: 2OF 2025 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 grant stay of all further proceedings including the appearance of the petitioner in c.c.No.1744 of 2021 on the file of the I Addl. Judicial First class Magistrate at Warangal, pending disposal of the Criminal Petition' This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri Gajanand chakravarthi, Advocate for the Petitioner and sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No'1' The Court made the following Order : -7 THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.1751 ot 2025 ORDER This Criminal Petition is filed by the petitioner- abcused No.3 seeking to quash the proceedings against him in C.C.No.1744 of 2021 pending on the file of the learned I Additional Judicial First Class [Vlagistrate at W arangal, registered for the offences under Sections 34(e) of the Telangana Excise Act, 7(a) read with 8(e) of the Telangana Prohibition Act.

02. Heard Sri Gajanand Chakravarthy, learned counsel for petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the State

03. Brief facts of the case are that: The Sub lnspector of Police, PS Mills Colony, Warangal City, charge sheeted the petitioner-accused No.5 along with others alleging that they committed offences punishable under Sections 3a(e) of the Telangana Excise Act, 7(a) read with B(e) of the Telangana Prohibition Act. The Court below took cognrzance against the accused and numbered the case. I 2 Aggrieved by the same, the petitioner-accused No.S in the said calendar case, is before this Court.

04. Learned counsel for the petitioner submitted that the sale, purchase and transportation of jaggery is not prohibited under the law. The jaggery is an agricultural produce. lt is not an intoxicant, nor a prohibited commodity. Therefore, no offence is made out against the petitioner-accused No.5 and continuation of criminal proceedings against the petitioner amounts to abuse of process of law and prayed to quash the criminal proceedings against the petitioner. Learned counsel for the petitioner further submitted that earrier this court vide Orders dated 04.03.2022 passed in CRL.p.No. 15636 of 2013 quashed the proceedings against the petitioner therein and that the petitioner herein is also standing on the same footing.

05. On the other hand, learned Additional public Prosecutor for the State submitted that there are specific allegations against the petitioner and the truth or otherwise would come out only after conducting full_fledged trial by the concerned Court below and prayed to dismiss this Criminal petition. 3

06. lt is further brought to the notice of this Court that the Government of Andhra Pradesh vide t\Iemo No.478O2/Ex lll.l/2006-'13, dated ZO 12.2O1O dectined to impose restriction on jaggery under the Telangana Excise Act and that possession of jaggery or sale of the same does not fall within the purview of Section 2 of the Telangana Excise Act. The contents of the said memo, are extracted as under: "The attention of the Commissioner of Prohibiti<>n and Excise, A.P., Hyderabad is' invited to the reference 1st cibd, wherein he has sent proposal for inclusion of Rotten Jaggery under definition of material in A.p. Excise Act, 1968 so as lo ensure effective control of lD arrack crime and to improve Governrnent Revenue. Governnrent after careful examination of the matter, hereby decided that Black Jaggery or Rotten Jaggery or any other form of Jaggery are viewed as agriculture produce or its bi- products and inclusion of the same in the tist of the'materials' used in the manufacture of lD liquor may adversely affect the interest of genuine ryots and the traders. Hence, it was decided not to impose restriction on any agriculture produce, particularly on Jaggery. Hence, the proposal to include rotten jaggery under definition of 'material' u/s. 2 of A.p. Excrse Act, 1968 has not been accepted by the Government_" 4

07. Section 2 of the Telangana Excise Act, defines certain words. Section 2 (22A) of the Telangana Excise Act, says what the word "material" includes' lt lays down as under: "material' includes molasses, wash and such other substances as the State Government may, bY notification, sPecifY;"

08. lt is clear that the word 'material' includes molasses, wash and such other substances as the State Government may by notification specify' By the lV{emo referred supra, the Government has decided not to impose restrictions on any agricultural produce' particularly on jaggery, black jaggery or rotten jiggery' in the list of materials used in the manufacture of lD liquor, as the Government opined that inclusion of the same may adversely affect the interest of the genuine ryots and the traders. lt has clearly indicated that the proposal to include rotten jaggery under definition 'material' under Section 2 of the Telangana Excise Act' 1968, therefore, was not accepted by the Government'

09. Section 34 of the Telangana Excise Act lays down penalty for illegal import' export etc' of the 5 prohibited material mentioned therein without any license or permit. Section 34(e) penalizes the use, keeping in possession any material, stills, utensils, implements or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy. As earlier discussed, jaggery does not fall within the term ,material,, enumerated under Section 2 (Z2A) of the Telangana Excise Act. Thus, it is clear that the petitioner, who is engaged in the business of purchase and sale of Jaggery, has not committed offence punishable under Section 34(e) of the Telangana Excise Act.

10. Coming to the contents of the Telangana Prohibition Act, the version of the prosecution is that the petitioner-accused No.2 has committed offence punishable under Section 7(a) read with Section g(e) of the Telangana Prohibition Act. Section 7(a) of the Telangana Prohibition Act, prohibits production, manufacture, storage, possession, collection, purchase, sale and transportation of arrack. Section B(e) of the Telangana Prohibition Act, envisages that the person, who contravenes the provision of Section 7(a) of the Telangana prohibition Act, be punished with 5 I imprisonment for a term, which shall not be less than one year, but which may extend upto eight years and with fine, which shall not be less than rupees two lakhs.

11. lt is not the version of the prosecution, even as per the contents of the charge sheet, that the petitioner was found in the process of producing, manufacturing, storing, possessing, collecting, selling or transporting arrack. Therefore, the petitioner will not fall within the ambit of Section 7(a) of the Telangana Prohibition Act, for which punishment IS prescribed under Section 8(e) of the Telangana Prohibition Act.

12. ln view of the above discussion, this Court is of the considered view that the continuation of the proceedings against the petitioner-accused No.5 amounts to abuse of process of law, therefore, the proceedings against the petitioner-accused No.5 are liable to be quashed

13. Accordingly, this Criminal Petition is allowed and the proceedings pending against the petitioner- accused No.S in C.C.No.1744 of 2021 pending on the file of the learned I Additional Judicial First Class lVlagistrate at Warangal, are hereby quashed. 7 As a sequel, miscellaneous applications pending, if any, shall stand closed. //TRUE COPYII Sd/- A.V.S. PRASAD ASSISTANTREGISTRAR / / I i i To, S ECTION OFFICER

1. The I Additional Judicial First Class Magistrate at Warangal 2. The Station House Officer, pS Mills Colony, Warangal City Diskict t Prosecutor, Hish court for the State of retansana, llo""?r"ot l"r33;',0""

4. One CC to Sri Gajanand Chakravarthi, Advocate tOpUCl 5. Two CD Copies @A HIGH COURT DATED:0710212025 ORDER CRLP,No.175'1 of 2025 t G 1 E S )...1 )^ o I FEB 20ff 1 lt\ ,1 't '-^rcqt- ot f ( a .+ ALLOWING THE CRLP l