The High Court · 2025

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to extend the lnterim Order, dated. 05-09-2023 passed in l.A.No.1 of 2023 in Criminal petition No.7059 o'f 2023 until further orders in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Damodar Mundra, Advocate for the Petitioner and the Mr. M. Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER THE TION'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.7059 of 2023 ORDER: This Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.) by the petitioner/accused No.3, seeking to quash the proceedings in C.C.No. 15 of 2021 on the file of the Judicial First Class Magistrate at Achampet, for the offence punishable under Section 34(e) of the Telangana Excise Act,

2. Heard Mr. Damodar Mundra, learned counsel for the petitioner and Mr.M.Vivekananda Reddy, learned Assistant Public Prosecutor appearing for respondent Nos. I and 2.

3. Learned counsel for the petitioner submitted that the issue raised in this criminal petition is squarely covered by the order dated 07.03.2025 passed by this Court in Criminal Petition No.3315 of 2O25 and order dated 18.06.2025 in Criminal petition No.4022 of 2025. Learned counsel placed ./ ) .l 2 the copy of the above said orders by duly serving upon the learned Assistant Public Prosecutor.

4. Learned Assistant Public Prosecutor has not disputed the same.

5. Taking into consideration the submissions made by the learned counsel for the petitioner and also the order dated

07.03.2025 passed by this Court in Criminal Petition No.3315 of 2O25 and order dated 18.06.2O25 in Criminal petition No.4022 of 2O25, this Court is of the considered view that the proceedings against the petitioner in C.C.No.l5 of 2021 on the file of the Judicial First Class Magistrate at Achampet, are liable to be quashed.

6. Accordingly, the criminal petition is allowed and the proceedings against the petitioner/accused No.3 in C.C.No.15 of 2021 on the frle of the Judicial First Class Magistrate at Achampet, for the offence punishable under Section 34(e) of the Telangana Excise Act, 1968 are hereby quashed. 3 Pending miscellaneous applications, if any, shall stand closed. SD/- MOHD.ISMAIL DEPUTY REGISTRAR //TRUE COPYII SECTION OFFICER To,

1. The Judicial First Cla_ss Magistrate at Achampet, Nagar Kurnool District 2 The Station House officer, n"rooro pofi";;i;;"", Nagarkurnoot District. 3 Two ccs to the pubric prosecut"i, High c;;;for the state of rerangana at 4. One CC to IVlr. Damodar [Vlundra, Advocate tOpUC] 5. Two CD Copies Hyderabad [OUT] I I Kam/PSL ._a--, 1 HIGH COURT DATED:0210912025 ORDER GRLP.No.7059 of 2023 { .) '..) \ .) F.a\ ' .i '_ \.:1:.. '1 '-t. {) a \.. ALLOWING THE CRIMINAL PETITION DD \ 111 I I I i I ; i i I I i I I I I '; I I I I 4 l,n THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL P ETITION No.4022 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in C-C.No.45 of 2024, on the file of the learned XVll Additional Judicial l\Iagistrate of First Class, Cyberabad at Maheshwaram, Ranga Reddy District.

2. The petitioner is arrayed as accused No.4 in the Calendar Case registered for the offences punishable under Sections 34(1Xii) and 34(2) of T S. Excise Act, 1968.

3. Heard t\/r. Damodar tVlundra, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent-State.

4. The allegation against the petitioner is that he is engaged in the business of selling black jaggery powder and alum, as well as related materials, which are allegedly used in the manufacture of illicitly distilled liquor. lt is further alleged that he supplies these materials to customers upon receiving orders. 2 arn P \o.1022 202i ^',1

5. Learned counsel for the petitioner contends that none of the prosecution's evidence demonstrates the petitioner's involvement in the actual distillation of illicit liquor. He argues that merely conducting business in black jaggery powder and alum does not, in itself, warrant prosecution. Furthermore, he submits that this Court, by order dated

06.02.2025 in Criminal Petition No 1664 of 2025, consrdered a similar issue and concluded that, in the absence of any evidence showing that the petitioners processed intoxicating substances, they cannot be held liable for any offence under the Excise Act. Consequenfly, the proceedings were quashed. As the issue contested in the present petition is directly covered by the earlier judgment, learned counsel prays for the same relief and requests that the current proceedings be quashed.

6. The learned Additional Public prosecutor fairly concedes that this aspect has already been considered and decided by this Court in the aforementioned criminal petition, and that the legal proposition established therein is directly applicable to the present case.

7. I have reviewed the materials on record and carefully considered the submissions made by learned counsel for both parties. n I I { I I I t 3 N'I'R.J Cd.P No,11'122 20la ,..1

8. A coordinate bench of this Court, in Criminal Petition No. 1664 of 2025, examined the [Vlemo issued by the Government of Andhra Pradesh (No 47802lEx.lll.'112006-1 3, dated 20.12.2010), wherein 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 was declined After considering the purport of Section 2(22A), Sections 34, 13(1X0, and 42(c) of 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 extracted hereunder: "Sections 34 and 13(1)(f) 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 which 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 the purpose of manufacturing any intoxicant substance. As earlier discussed, jaggery does not fall within the term 'material', as enumarated 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 jaggery, 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-" I I i .6.. l, 4 I 4 i'\TR,l (lrl.P.No.10l2 202i

9. In light of the settled legal position discussed above, and given that the sole allegation against the petitioner is his involvement in the business of black jaggery powder, it is clear that allowing the proceedings to continue would amount to an abuse of the judicial process. Accordingly, the proceedings against the petitioner (Accused No. 4) in C.C. No. 45 of 2024, pending before the XVII Additional ludicial Magistrate of First Class, Cyberabad at Maheshwaram, R.R. District, are liable to be quashed. Ordered accordingly.

10. For the aforesaid reasons, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.4 in C,C.No.45 of 2A24 on the file of the XVll Additional Judicial Magistrate of First Class, Cyberabad at [Vlaheshwaram, Ranga Reddy District, are hereby quashed Pending miscellaneous applications, if any, shall stand closed Date:18.06.2025 Ccm/svl N.TUKARAMJI, J !El V *l * &l I I I t I I