Excise High Court · 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 call for the records relating to the charge sheet in C.C.No.1697 of 2022 on the file of the I Addl. Judicial Magistrate of First CIass at Wanaparthy, and quash the same 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.1697 of 2022 on the file of the I Addl. Judicial Magistrate of First Class at Wanaparthy, pending disposal of the Criminal petition. F----7 This Petition coming on for hearing, upon perusing li 3 Memorandum of Grounds of Criminal Petition and upon hearing lt e arguments of Sri A. SHIVA SAINATH, Advocate for the Petitioner and S-i JITHENDER RAO VEERAMALLA, Additional Public Prosecutor (TG) on tr half of the Sole Respondent. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7562 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.1697 of 2022, on the file of the learned I Additional Judicial Magistrate of First Class at Wanaparthy.

2. The petitioner is arrayed as accused No.4 in the Calendar Case registered for the offences punishable under Sections 34(e) r/w 3(b) and (1)(iii[b) of T.S.Excise Act, 1968 and Guru (Regulation of Use) Orders, 1 968 Clause-lll.

3. Heard Mr. A.Shiva Sainath, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State. 3. The accusation against tlrc petitioner is that he is running business of white jaggery powder and alum allied material which are used for manufacturing illicit distilled liquor and supply these materials on orders from the cuslomers

4. Learned counsel for the petitioner would submit that none of the prosecution proceedings are demonstrating that the petitioner is :'::-:-.:.:;" --.- .-"r- ) NTR.I GtP.No,7562 2025 involved in distilling illicit liquor and the accusatior of conducting business in black jaggery powder and Alum worl d not call for prosecution. He further submits that this Court v< e order dated

06.02.2025 in Criminal Petition No.1664 of 2025 had cc rsidered similar aspect and concluded that in absence of any m,a erials that the petitioners processed intoxicant substance, cannot be held liable for any offence under Excise Act and quashed the proce:1ings. Thus as the contested aspect in the present criminal petition is s luarely covered in the earlier judgments prayed for putting into effect ir td to quash the proceedings.

5. Learned Additional Public Prosecutor would fairly submit that the aspect has been considered and determined by this Cc rrt in the above referred criminal petition and that proposition is squax ly applicable to the present case

6. I have perused the materials on record and care'ully considered the submissions of the learned counsel.

7. A Coordinate Bench of this Court, in Criminal Peti ion No. 1664 of 2025, after considering the Memo issued by the Goverr ment of Andhra Pradesh (Memo No. 47802/Ex lll.1/2006-13, dated 2C.I2.20'10), noted that the Government had declined the request to irr pose a ban or restriction on the possession or sale of black jaggery < r jaggery under Section 2 of the Telangana Excise Act. Upon examinirr, t the scope and .,t" 3 Nr&J GIP.No.7!,62 2025 intent of Section 2(22A1, as we,ll as Sections 13(1X0, 34, and 42(c) oI 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(1 )(f) of the Telangana Excise Act, lays down penalty for illegal import, export etc., and for manufacture of lhe 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 whici 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 jaggery for ttle purpose of manufacturing any intoxicant substance. As eadier discussed, jaggery does not fall within the term 'material', as enumerated under Section 2 (22A) of the Telangana Excise Act. Thus, it is clears that the petitioners, who are engaged in the business of purchase and sale of jaSgery, have not committed the offences alleged against them. In view of the above, this Court is of the considered view lhat 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 o considering that the sole allegation against the. petitioner is that he is .r 4 NIRJ GlP.No.7!62 2025 engaged in the business of black jaggery powder, th,: continuation of criminal proceedings against him would amount to an al use of the legal process. Accordingly, the proceedings against the p,: itioner/Accused No. 4 in C.C. No. 1697 of 2022, pending before the leert red lAdditional Judicial Magistrate of First Class at Wanaparthy, a e liable to be quashed. Ordered accordingly.

9. For the reasons stated above, the Criminal Pet lion is allowed. Consequently, the proceedings against the petitioner/t\ :cused No. 4 in C.C. No. 1697 of 2022, on the file of the learned lAc litional Judicial Magistrate of First Class at Wanaparthy, are hereby qua ;hed. Pending miscellaneous applications, if any, shall t tand closed. Sd/. IlI OSMAN ALI BAIG ASSIIS IANT REGISTRAR Note: This Order is corrected as per the Court order dated 15.12.2O25 passed in LANO.3 OF 2025 by correcting " Accused No.4" instead of "Accused No.2" in Paragraph No.9 of the Order. This corrected copy substitutes the Earlier order dispatched on 08.07.2025. Sd/- f\l OSMAN ALI BAlc II; -ANT REGISTRAR //TRUE COPY// '! ECTION OFFICER To,

1. The I - Additional Judicial Magistrate of First Class at War rparthy (Call for Records)

2. The Station House Officer, Prohibition & Excise Statkrn Police Station, Wanaparthy, Dist-

3. Two CCs to the Public Prosecutor, High Court at Hyderabad. (OUT) 4. One CC to SRI A. SHIVA SAINATH, Advocate [OPUC] 5. Two CD Copies RC/pr {x HIGH COURT NTRJ DATED:2410612025 1511212025 \ HE Si4 (.1 0 t,\'l ifIt '.i L ( >, 1Z i) ,J -,ot J/''\n ,\rt\ t:- --, AMENDED ORDER CRLP.No.7562 of 2025 THE CRIMINAL PETITION IS ALLOWED. tt) i> cd(eb E.^q -{\a\i^- i -\'