The High Court · 2025

The State of Telangana, Through S. H O. , tr,4addirala Police Statron, Suryapet District, rep- by its Public Prosecutor, High Court, Hyderabad ...RESPONDENT/COMPLAINANT 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 F. l. R. No. 25 of 2025 on the file of the Maddirala Police Station, Suraypet District, and quash the proceedings. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitron, the High Court may be pleased to grant stay of all further proceedings in F. l. R. No. 25 oI 2025 on the file of the Maddirala Police Station, Suraypet 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 SAI NATH, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12665 of 2025 ORDER This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksl'r:r Sanhita, 2023 (for short 'BNSS') by the petitioners/accusetl Nos.1 and 2 seeking to quash the proceedings again:;t them in FIR No.25 of 2025 on ther file of It4addirala Policer lltation, Suryapet District, registered for the: alleged offence punishable under Section 34 (e) of the Telangana Excise Act, 1968 (fr,,r short'the Act').

2. Heard Mr.A.Shiva Sainath, learned counsel fcr the petitioners and Mr.- ithender Rao Veeramalla, learned AclCitional Public Prosecutor appearing for the respondent.

3. Learned counsel for the petitioners submitted that the matter is squarely covered by the order dated 04.03.'2022 in Crl.P.No..1 5636 of 20"1 3 and enclosed a copy of the said orcler.

4. Learned Addilional Public Prosecutor also submitted that the issue in the pre:;ent criminal petition is squarely covered by I the earlier order in the above criminal petition. ) \ t-.11). J Crl.P 1266-5 2025

5. Perused the record. The allegation against the petitioners is that they were 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 petitioners have 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 notification, specify";

7. Further, proceedings were issued by the Government of Andhra Pradesh in Memo No.47802/Ex.lll.1/2006-13, dated I ! I I I I D. I ( r , ll ,,i-. li)l i

20.12.2010, and the contents of the said memo are extracted ,The attention of the Commissioner of Prohrltition and Excise, A.P., Hyderabad is invited to the reference 1st cited, wherein he has r;ent proposal for inclusion of Rott<tn Jaggery under definition of material in A.P Excisc Act, 7968 so as lo ensure effective contrc,l of lD arrack crime and to improve Gover nment Revenue.

2. Government after careful examination of the nr.atter, hereby decided that Black Jaggery or Rcttten Jaggery or any other forrn of Jaggery are viewed as agriculture produce or its bi-oroducts and inclusion of the same in the list ol the 'materials' used in the manufacttrre of lD l'quor may adversely affect the interest cf genttine ryots and the traders. Hence. it was decid',-'d not to impose restriction on any agricutture produce, particularly on Jaggery. 3. He:nce, the proposal to include rotten jagge,'y under definition of 'material' u/s. 2 of A.P l-xcise Act, 1968 has not been accepted by the, Government." B. Thus. a conjoint reading of Section 34(e) of the Act, the definition of 'nrat,-rrial" under Section 2(22A) o'f the Act, and tlre recitals of tlre C;f,vernment Memo dated 20.12.2010. would lead to the conclrrsion that black jaggery is not a mate.ial as enumerated undr:r Section 2(22A) of the Act. Hence, it cannot I j IiTI), J Crl.P 12665 2025 be held that the petitioners have committed an offence as laid down under Section 34(e) of the said Act L 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 petitioners 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 petitioners/accused Nos.1 and 2 in FIR No.25 of 2025 on the file of Maddirala Police Station, Suryapet District, are hereby quashed. As a sequel, the miscellaneous petitions pending, if any, shall stand closed. SI)/- \.CIIA\I)RA ST]KIIAR RAO I)E Pt IT\' RE(;ISTIT,\R /iTRUE COPY// SECTION OFFICER To,

1. The Judicial Magistrate of First Class, Thungathurthy / I I 2 The Statior House Officer, Police Station, Maddirala, Suraypet District 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 4. One CC to SRI ARVAPALLI SHIVA SAI NATH Advocate [OPUCj 5. Two CD Cclries T I)K/I,SI -ei I I HIGH COUR I DATED:2510912025 I \ I t ORDER CRLP.No.12665 of 2025 ,riS ,3. -.Jr) 1 7 0ti 2025 Z 6) * Or * CRIMINAL. PETITION IS ALLOWED b