The High Court · 2025

The State of Telangana,, through S.H.O., Atmakur-S Police Station, Suryapet District, rep. by its Public Prosecutor, High Court, Hyderabad ...RESPONDENT/COMPLAI NANT 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. 2138 ot 2O2O on the file of the Judicial First Class Magistrate at Suryapet Rural, and quash the proceedings thereon. 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 Petition,the High Court may be pleased to grant stay of all further proceedings including the appearance of the petitioners in C.C.No. 2138 of 2020 on the file of the Judicial First Class Magistrate at Suryapet Rural, 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 SAt NATH ,Advocate for the Petitioners and Sri Jitender Rao Veeramalla, the learned Addl. Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER :{r.*'- '\tirk-""8* THE HON'BLE SMT. JUSTICE TIRUMALA DEVIEADA RIM!NA ETITION o.13 ot 202 ORDER: 1. This Criminal Petition is filed under Section 52g Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS,) seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in c.c.No.21 38 of 2Q20, pending on the fire of the rearned Judiciar First Class Magistrate at Suryapet Rural, registered for the offence punishable under Section 34 (e) of the Telangana Excise Act, 196g (for short 'the Act').

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioners/accused Nos.1 & 2 as well as Sri Jitender Rao Veeramalla, the learned Additional public prosecutor appearing for the respondent-State.

3. Learned counser for the petitioners submitted that the matter is squarely covered by the order dated 04.03.2022 in Crl.p.No.15636 ol 2013 and enclosed a copy of the said order. 4- Learned Additionar pubric prosecutor arso submitted that the issue in the present criminal petition is squarely covered by the earlier6-rd6r in the above criminal petition. Ii \t- \-- \ -) 2 ETD, J Crlp_13342 _2025

5. Perused the record. The allegation against the petitioners is that they were found in possession of 40 Quintals of black Jaggery. lt is alleged that the said black Jaggery is used as a material in preparation of lD liquor and that the petitioners had been selling it to earn good returns as it is used in the manufacture of such liquor. An FIR has been registered under Section 3a (e) oI 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 Excise 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 Jaggery. lt is pertinent to refer Section 2 (22A) of Excise Act which reads as under: "Material' includes molasses, wash and such other substances as the State Government may, by notifi cation, specify"; - 3 ETD, J Crlp-13342_2025

7. Further, proceedings were issued by the Government of Andhra Pradesh in Memo No.47802lEx.lll.1/2006-13, dated

20.12.2010 and the contents of the said memo are extracted below: "The attention of the Commissioner of Prohibition and Excise, A.P., Hyderabad is invited to the reference 1st cited, wherein he has senf proposal for inclusion of Rotten Jaggery under definition of material in A.P. Excise Act, 7968 so as fo ensure effective antrol of lD arrack crime and to improve Government Revenue. 2. Government after careful examination of the mafter, hereby decided that Black Jaggery or Rotten Jaggery or any other form of Jaggery are viewed as agriculture produce or its bi-products and inclusion of the same in the list of the 'materials' used in the manufacture 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 rotten jaggery under definition of 'material' u/s. 2 of A.P. Excise Act, 1968 has not been accepted by the Government." \ \

8. Thus, a conjoint reading of Section 34(e) of the Act, the definition of "material" under Section 2(22A) of the Act, and the \ recitals of the Government Memo dated 20.12.2010 would lead to the conclusion that black jaggery is not a material as enumerated under Section 2(22A) ot uhe Act. Hence, it cannot be held that the petitioners have committed an offence as laid down under Section 34(e) of the said Act. -/ 4 E'TD, J Ctlp_13342 2025 f \

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 petitioners 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 considered opinion that continuation of proceedings against the petitioners herein would amount to an abuse of process of law.

10. ln view of the foregoing discussion, the Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.2138 of 2020, pending on the file of the learned Judicial First Class Magistrate at Suryapet Rural, are hereby quashed.

11. Mi-s9etl919ous petitions pending, if any, shall stand closed. . SD'. A.JAYASREE ASSISTANTREGISTRAR 6 /,TRUE COPY'/ SECTION OFFICER To, '1 . The Principal Judicial First Class Magistrate at Suryapet. 2. The Station House Officer, Atmakur (S) Police Station, Suryapet. 3. One CC to SRl. ARVAPALLI SHIVA SAI NATH Advocate [OPUC] 4. Two CCs to the PUBLIC PROSECUTOR, High Court for the State of Telangana [OUT] s. Two CD CoPies ARM/ABK ,l HIGH COURT DATED: 15t10t2025 ORDER rl. TI1E S rA I CRLP.No.13342 ot 2025 C,J 1 6 JAN zOZD z. * i.:.t' 'Ji:a'r-,'.'- ALLOWING THE CRLP I \)i