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 in FIR No. 470 of 2025 on the file of Adilabad Il Town Police Station, Adilabad and quash the same pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the CASC. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the ctrcumstances stated tn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including arrest of the petitioner in connection with FIR No. 470 of 2025 on the file of Adilabad ll Town Police Station. Adilabad, pending disposal of the main Criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA tvtURALl Y ,Advocate for the Petitioner and Sn. Jitfrender Rao Veeramalla the Addl. Public Prosecutor (TG) on behalf of the Respondent No.1 & 2. The Court made the following: ORDER THE HON,BLE SMT. JUSTICE TIRUMALA DT:\4 EADA CRIMINAL PETITION No.1285I of 20i15, ORDER. This Criminal Petition is filed under Section 5i2B Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'Bl,ltjS') by the petitioner/accused seeking to quash the proceedingrs against him in FIR No.470 of 2025 on the file of Adilabad I -'l-own police Station, Adilabad District, registered for the alleged offence punishable under Section 34 (e) of the Telangana Excise Act,

2. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and tvlr.Jithender Rao Veeramalla, learned Additional public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioner submitted ilrat the matter is squarely covered by the order dated O,l C3.2OZ2 in Crl.P.No.'1 5636 of 201 3

4. Learned Additional Public Prosecutor also s.rltmitted that the issue in the present criminal petition is squarely covered by the earlier order in the above criminal petition. -1 2 E'TD. J Crl.P 12859 202-5

5. Perused the record. The allegation against the petitioner is that he was found in possession of black jaggery. lt is alleged that the said black jaggery is used as a material in the preparation of lD liquor, and that the petitioner has been selling it to earn good returns, as it is used in the manufacture of such liquor. An FIR has been registered under Section 34 (e) of the Act, which prescribes penalties for the illegal import, export, etc-, of prohibited materials mentioned therein, without any license or permit. Specifically, Section 34(e) of the Act penalizes the use and possession of any materials, stills, utensils, implements, or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddY.

6. The material alleged to have been seized herein is black jiggery lt is pertinent to refer to Section 2 (22A) of the Act reads as under: "material' includes molasses, wash and such other substances as the State Government may, by notifi cation, specify"; 7 Further, proceedings were issued by the Government of hndhra Pradesh in Memo No.47802lEx.lll.1/2006-13, dated 3 ETD, J ,lrl.P 12859 2025

20.12.2010, and the contents of the said memo a.e extracted "The attention of the Commission=r of Prohibition and Excise, A.p., Hyderattad is invled to the reference 1st cited, wherein he has senf proposal for inclusion of t?otten Jaggery under definition of material ir A.p Excise Act, 7 968 so as to ensure efl'ective control of lD anack crime and to in,prove Government Revenue. 2 Govemment after careful examinaton of the matter, hereby decided that Black Jaggery or Rotten Jaggery or any other forn of Jaggery are viewed as agriculture prodt,ce or its bi-products and inclusion of the same ir the list of the 'mateials' used in the manufac.ture 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. 3. Hence, the proposal to include rcften jaggery under definition of ,material' u/s. 2 of A.P. Excise Act, 1968 has not been accepted by lhe Government."

8. Thus, a conjoint reading of Section 34(e) of il-e Act, the definition of "material" under Section 2(22A) of the Ar;t and the recitals of the Government Memo daled 20.12.2010, would lead to the conclusion that black jaggery is not a nraterial as enumerated under Section 2(22A) of the Act. Hence tt cannot \ I 4 ETD. J Crl.P 12859 202-s - \ be held that the petitioner has committed an offence as laid down under Section 34(e) of the said Act.

9. Similar matters have been disposed of by a Co-ordinate Bench of this Court in Crl.P.No.15636 of 2013, wherein the proceedings against the petitioner therein were quashed, holding that taking cognizance for possession of black jaggery would amount to an abuse of the process of law. Applying the same analogy, this Court is also of the opinion that the continuation of proceedings against the petitioner would amount to an abuse of the process of law.

10. ln view of the foregoing discussion, the Criminal petition is allowed and the proceedings against the petitioner/accused in FIR No.470 ot 2025 on the file of Adilabad ll-Town police Station, Adilabad District, are hereby quashed. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SD/.B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The SHO. Adilabad ll Town P S , Adilabad 1

2. The Station House Officer, Attapur ll Town Police Statior Adilabad 3. One CC to SRI BALA IMURALI Y Advocate [OPUC] 4. €ae C@o SRI, PUBLIC PROSECUTOR Advocate tQ€tIG'} Cout 'lt'90 ) 5 Two CD Copies PK/?SI- YK \ I HIGH COURT I \ DATED:0611012025 ORDE I? ALLOWED CRLP.No.12859 of 2025 q, co(q"A ft* o?. 1r\l: ( r ,,;,- ..|- :.. \._-"f .r, j- ' 2 | ntlt 20ffi o \. ')- \.1 ,'-,..-. t I I a