The High Court · 2025

1. The state of reranoana. Rep. by its pubric prosecutor, High court of Judicature at Hyderabad.

2. The Prohibition and Excise, Station House Officer, Malakpet, Hyderabad ,..RESPONDENT ...RESPO?.IDENT/DEFACTO COMPLAINANT Petition under section 437t438t43gt482 of cr.p.c praying that in the circumstances stated in the. Memorandum of Grounds of criminar peiition, itre'nigh !9grt_mav be pleased to quash cc No. 113 of 2023 before the court of the Vil Addl.Chief Metropotitan Magistrate at Naitpalty, HyderabaO. l.A. NO:1OF 2025 Petition under section 52g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminai the High cor.t .lv o" ir."."a to stay all further proceedings incruding personar atiendanJe ot tne pJitionJr'in cc No. i13 of 2023 before the court of i-he vl Addr.cniet rvretropoirtal-rr,t'r-giJir"t. ,t Nampally, Hyderabad, pending disposar of the present criminar petition. 'petitioi, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri DAMODAR MUNDRA, Advocate for the petitioner and sri. JITHENDRA RAo VEERAMALLA, Assistant Pubric prosecutor, on beharf of the Respondent No.1 and none appeared for the Respondent No.2 The Court made the fo owing: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINA L PETITION No.4023 oF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings against the petitioner in C C'No 113 of 2023, on the file of the learned Vll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad'

2. The petitioner is arrayed as accused No'2 in the Calendar Case registered for the offences punishable under sections 7(A) r/w 8 (e) and 34(e) of T.S. Excise Act, 1968.

3.HeardMr.Damodarlr/lundra,learnedcounselforthepetitioner andMr.JithenderRaoVeeramalla,learnedAdditionalPublic Prosecutor, representing the respondent-State' 3. The accusation against the petitioner is that he is running I businessofblackjaggerypowderandalumalliedmaterialwhichare usedformanufacturingillicitdistilledliquorandsupplythesematerials on orders from the customers.

4.Learnedcounselforthepetitionerwouldsubmitthatnoneofthe prosecution proceedings are demonstrating that the petitioner is involved in distilling illicit liquor and the accusation of conducting 2 Nl RAJ Crl.l,.No 41)23_2025 business in brack jaggery powder and Arum wourd not cail for prosecution' He further submits that this court vide order dated 06-02.2025 in Criminar petition No. 1664 0f 2025 had considered simirar aspect and concluded that in absence of any materials that the petitioners processed intoxicant substance, cannot be herd riabre for any offence under Excise Act and quashed the proceedings. Thus as the contested aspect in the present criminal petition is squarely covered in the earlier judgments prayed for putting into effect and to quash the proceedings.

5. Learned Additionar pubric prosecutor wourd fairry submit that the aspect has been considered and determined by this court in the above referred criminar petition and that proposition is squarery appricabre to the present case.

6. I have perused the materials on record and carefully considered the submissions of the learned counsel. 7 ' A Coordinate Bench of this court, in criminar petition No. 1664 0f 2025, after considering the Memo issued by the Government of Andhra Pradesh (l\4emo No. 47802lEx.lll.112OO6_1J, dated 20 12.2010), noted that the Government had declined the request to impose a ban or restriction on the possession or sale of black jaggery or jaggery under Section 2 of the Telangana Excise Act. Upon examining the scope and intent of Section 2(22A), as well as Sections 13(1Xf), 34, and 2@) of \* !- 3 \ tR,.l Crl I'.\o.402i- 1025 the Telangana Excise Act, the court held that engaging in the business of purchasing or selling jaggery does not constitute an offence' The relevant portion is reproduced below: "sections 34 and 13(1X0 of the Telangana Excise Act' lays down penalty for illegal import, export etc , and for manufacture of ''the prohibited material mentioned therein without any license or permit' section 34€ penalizes the use. keeping in possession any material' stills' utensils' implements or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy. The presumption given under Section 42( c ) of the Excise Act is that any materials which have undergone any process towards the manufacture of any intoxicant or from whtch an intoxicant has been manufactured; for the possession of which he is unable to account satisfactorily. There is no material to show that the petitioners have processed the said black iaggery for thd purpose of manufacturing any intoxicant substance. As earlier discussed' jaggery does not fall within the term 'material', as enumerated under Section 2 (22A) ol the Telangana Excise Act Thus, it is clears that the petitioners' who are engaged in the business of purchase and sale of iaggery' have not committed the offences alleged against them. ln view of the above, this Court is of the considered view that the continuation of the proceedings against the petitioners-accused Nos 2 and 5 amounts to abuse of Process of law." ln light of the settled legal position outlined above' and 8. considering that the sole allegation against the petitioner is that he is ..engagedinthebusinessofblackjaggerypowder'thecontinuationof t t I I i I I i .: I I I 4 NTRJ Crl.l N^ 4rlll tO25 criminar proceedings against him wourd amount to an abuse of the legar process' Accordingry, the proceedings against the petitioner/Accused No. 2 in c.c. No. 113 of 2023, pending before the rearned Vil Additionar Chief Metropolitan Magistrate, Nampally, Hyderabad, are liable to be quashed. Ordered accordingly. 9 For the reasons stated above, the criminar petition is arowed. Consequenfly, the proceedings against the petitioner/Accused No. 2 in c c' No 113 0f 2023, on the fire of the learned V, Additionar chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY'/ SD/. AHMEDABDULLAH KHAN ASSISTANT, REGISTRAR t. t/l '-/ SEC?TON OFFICER 1 2

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5. The VII Addl Chief Metropolitan Magistrate at Nampafly, Hyderabad The Prohibition and Excise, Station House Officer, Malakpet, Hyderabad One CC to SRt. DAMODAR MUNDRA Advocate tOpUCl Two CCs to pUBL|C PROSECUTOR Advocate [OUT] Two CD Copies MKN/gh K- I I I I i I I I I I I I I I I I I HIGH COURT DATED:1810612025 ORDER CRLP.No.4023 of 2O25 -:: ::_'::: "- - - ' ,. iiE s i-,1, -" :- =_- 0 3 sEP 2[25 \ ,:.. eIU.\tlrAL PHIfloto 15 Au6'nEP- s *6d \q- - Gaw