The 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. 230 of 2022 on the file of the Junior Civil Judge- cum- Judicial Magistrate of First Class at Luxettipet, Mancherial District, and quash the same thereon. l.A. NO: 1OF 2025 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandum of Grounds of Crrminal Petitlon,the High Court may be pleased to grant stay of all further proceedings in C. C. No. 230 ol 2022 on the file of the Junior civil Judge- cum- Judicial Magistrate of First class at Luxettipet, Mancherial District, 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 ARVAPALLI SHIVA SAINATH, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No.2; The Court made the following: ORDER THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITION No.8888 ot 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 petitioners/accused Nos.S and 6 in C.C.No.230 of 2022, on the file of the learned Junior Civil Judge-cum-Judicial lVlagistrate of First Class at Luxettipet, lvlancherial D istrict

2. The petitioners are arrayed as accused Nos.5 and 6 in the Calendar Case registered for the offences punishable under Sections 34(E) of T.S.Excise Act, 1968.

3. Heard Mr. A.Shiva Sainath, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, representing the respondent-State

3. The accusation against the petitioners is that they are 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 customers.

4. Learned counsel for the petitioners would submit that none of the prosecution proceedings are demonstrating that the petitioners are 2 involved in distilling illicit liquor and the accusation of conducting business in black jaggery powder and Alum would not call for prosecution. He further submits that this Court vide order dated

06.02.2025 in Criminal Petition No.1664 ot 2025 had considered similar aspect and concluded that in absence of any materials that the petitioners processed intoxicant substance, cannot be held liable 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 Additional Public Prosecutor would fairly submit that the aspect has been considered and determined by this Court in the above referred criminal petition and that proposition is squarely applicable 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 Criminal Petition No. 1664 of 2025, after considering the Memo issued by the Government of Andhra Pradesh (Memo No. 47\O2lEx.lll.112006-13' 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 7 examining the scope and intent of Section 2(22A), as well as Sections 13(1X0, 34, and 42(c) of the Telangana Excise Act, the Court hetd 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(1Xf) 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 ot manufacturing any intoxicant other than toddy. The presumplion given under Section 42( c ) of the Excise Act is that anv matelals uyhich 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', enumerated under Section 2 (22A) of lhe 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, thrs 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." 4 ln light of the settled legal position outlined above' and 8. considering that the sole allegation against the petitioners is that they are engaged in the business of black jaggery powder' the continuation of criminal proceedings against him would amount to an abuse of the legal process' Accordingly, the proceedings against the petitioners/accused Nos.S and 6 in C'C'No 230 of 2022' on the file of the learned Junior Civil Judge-cum-Judicial trlagistrate of First Class at Luxettipet, trilancherial District, are liable to be quashed'

9. For the reasons stated above' the Criminal Petition is allowed' Consequently, the proceedings against the petitioners/Accused Nos 5 and 6 in C.C. No. 230 of 2022, on the file of the learned Junior Civil Judge-cum-Judicial tr/agistrate of First Class at Luxettipet' I\4ancherial District, are herebY quashed' Pending miscellaneous applications' if any' shall stand closed' SD/- U.SUDHA ISTANT REGISTRAR AS //TRUE COPY// SECTION OFFICER To, 1 Junior Civil Judge- cum- Judicial Magistrate of Fir Class at LuxettiPet, Mancherial District

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1.. HIGH COURT DATED: 1610712025 -t rt.E S 14 I4: c ) 30 JlJt zffi ($ t- C t,' ORDER CRLP.No.8888 of 2025 ALLOWING THE CRIMINAL PETITION T