The High Court · 2025

'1 . The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.

2. The Deputy Commissioner of Prohibition and Excise, Nalgonda District. .....RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the [\4emorandum of Grounds of Criminal Petition, the High Court may be pleased to call for records in connection with COR No.'14 of 2024 on the file of Station House officer, Prohibition and Excise Station, I\/iryalguda and quash the same in so far as the petitioner/A-2 s concerned l.A. NO: 2OF 2024 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 stay of all further proceedings including arrest of the petitioner/A-2 in connection with COR No.14 of 2014 on the file of Station House officer, Prohibition and Excise Station, I\/iryalguda This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA IVURALI Y ,Advocate for the Petitioner and the SRI SUREPALLI PRASHANT ASSISTANT PUBLIC PROSECUTOR on behalf of the Respondent No.1 and 2 The Court made the following: ORDER THE HON'ELE SHRI JUSTICE ANIL KUMAR JUKANTI - CRIMINAL PETITION No.15O93 OF 2024 ORDER: This Criminai Petition is filed under Section 528 ol the Bharatil,a Na.garik Suraksha Sanhita (for short 'IINSS') by petitioner/ acc used No.2 to quash the proceedings against him in COR.No. 1.4 of 2024 of Miryalguda Prohibition and Excise Police Station, Miryalguda. The offences alieged against petitioner are under Sections 7 (Al r lvt 8(e) of Telangana Pr,rhibition Act, 1995 and 34 (e) of Telangana Excise Act, 1968

2. Heard Mr. Y.Ba1a Murali, learned counsel lor petitioner and Dr. Surepalli Prashanth, learned Assistant Public Prosecutor for respondent No.1 - State. Perused the material on record

3. It is th<: case of respondent authorities that police officials while: discharging their duties at Chillepally Tollgate, identified one person on motor bike, carrying a white plastic cover. On seeing the officia-ls, person tried to escape. But, officials stoppr:d him and found in the plastic cover. 2 kgs of j^99"ry along ',vith 2 litres of liquid in a plastic bottle. When 2 JAK. J CRLP 15091 202,1 officials opened the bottle cap, the liquid smelled highly concentrated and opined that it was being used for making illegal arrack. Mr.Banothu Laxma informed police that he soldSlitresofliquidoutoflOlitresforprofit,jaggeryof40 kgs was purchased from petitioner herein' That petitioner and Banoth Laxma shared Profits'

4. Officials along with palchas inspected the house of petitioner, seized' 748 kgs of jaggery and registered a case against Banoth Laxma and petitioner herein' Officials collected 2OO grams of jaggery from Banothu Laxma and 100 grams of j aggery from petitioner's place and sent them for chemical analysis along with the bottle containing liquid' Government Chief Examiner, Regional Prohibition and Excise Laboratory Warangal, issued iaboratory analysis report' dated 2O.O4.2O24.

5. Page No.9 is the proceedings of Deputy Commissioner ofProhibitionandExcise,NalgondaDivision'dated 15.06.2024, by considering the report of the Government Chief Examiner, Regional Prohibition ald Excise Laboratory Warangal. The contention is that a copy of the report is not J JAK. J cRt_P r 5091 2011 supplied to peritioner herein and the sarne amoLlnts to - violation of principles of natural justice

6. Petitioner herein filed W.P.No.17969 of 2024 before this Court for release of 748 kgs jaggery in connection with COR.No.14 of 2024. This Court vide order, dated03.O5.2024, granted liberty to petitioner to submit application for release of 748 kgs of jaggery seized in connection with COR.No.14 of 2024 on the file of the Miryalgua Prohibition and Excise Police Station. That on such application being filed, respondent No.12 sha,il pass orders within a period of one week thereafter Pursuant to the directions of this Court, petitioner submitted an application before respondent No.2 on 12.06.2024. Respondent No.2 uide order, dated

15.06.2024, rejected the petitioner's application. 7 . Perused the order, dated 15.06 .2024, nowhere it is reflected in the order that a copy of the laboratory analysis report, dated 20.O4.2024, was issued or supplied to petitioner herein. In the absence of supply of such report, the proceedings would not stand the test of time. Petitioner is entitled for a copy of the laboratory alalysis report, dated

20.o4.2024, uerb.. pitCe-;edings are finalized. Petitioner JA(, J CRLP ri09l 2024 should be given €rn opportunity to defend his case. Not supplying a copy of the report ald issuing of proceedings amounts to unfair procedure. Proceedings, dated

15.06.2024, of respondent No.2 for the offences punishable under Sections 7(A) r/w 8 (e) of Telangana Prohibition Act, 1955 and 34 (e) of Telalgana Excise Act, 1968, cannot be sustained. Accordingly, the proceedings in COR.No. i4 of 2024 are liable to be quashed and are accordingly quashed. B. Needless to state that respondent authorities are at liberty to proceed afresh. A copy of the laboratory analysis report, dated 2O.O4.2O24, shall be made available to the petitioner herein. After receiving the report, petitioner sha,l1 file his objections. Thereupon, respondent No.2 shal1 pass orders, preferably within a period of four (4) weeks lrom the date of receipt of a copy of this order. 9 . With the above observations, the Criminal Petition is disposed of. Miscellaleous applications pending, if any, shall stald closed. Sd/. MOHD. ISMAIL PUTY REGISTRAR D //TRUE COPY// ECTION OFFICER To, 1. The DY Commissioner of Prohibition and Excise Station' Nalgonda District z. iil! 5it-,ii Hort" ori""', p-'"n'oitio" u"a Excise Station' Miryalguda Nalqonda District k', I I I I -l ./

3. One CC to SRI BALA MURALI Y Advocate IOPUCI 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies PSL (k' i I i HIGH COURT DATED:10/03/2021; ORDER CRLP.No.1 5093 ot',2024 tHE S Irr 16: J o C) k t 'r ; i C, r\ I .a' 17 JUt.l zffi S rl/1? a '. i' DISPOSING THE CRIMINAL PETITION g."P?tA *^"