The High Court · 2025

1 The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad Through. SHO, P.S. Excise Maripeda, Mahabubabad District. 2 The Prohibition and Excise lnspector,, Maripeda, Mahabubabad District ...Petitioners/Accused No.1 to 5 ...Respondents/Defacto 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 FlR. No.97 OF 2025 On the file of the Maripeda Police Station, Mahabubabad District, registered for the offenses punishable u/s sec. 34(e) of A.P. Excise Act, '1968 against the Petitioners/Accused Nos. 1 to 5 and quash the same and consequenfly release Maruthi Suzuki car bearing number TS 08 GA 8601 which was seized in C.O.R. No.97 OF 2025 on the fite of the prohibition and Excise pS, Maripeda, Mahabubabad District. 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 direct the Respondent No. 2 to release Maruthi Suzuki car bearing number TS 08 GA 8601 which was seized in FlR. No.97 ot 2025 on the file of the Maripeda Police Station, Mahabubabad District, till the disposal of the Criminal Petition in the interest of the iustice. l.A. NO: 3OF 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 in FlR. No.97 of 2025 on the file of the Maripeda Police Station, Mahabubabad District, registered for the offenses punishable u/s sec. 34(e) of A.P. Excise Act, 1968 including arrest of the PetitionersiAccused Nos. 1 to 5 till the disposal of the Criminal Petition in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri S Goutham, Advocate for the Petitioners and Sri Erigi Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA N

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to quash the proceedings against the petitibners/accused Nos.1 to 5 in Crime No.97 of 2025, on the file of Maripeda Police Station, Mahabubabad District, registered for the offence punishable under Section 34 (e) of the Telangana Excise Act, 1968 (for short 'the Act') and consequently release the Maruthi Suzuki Car bearing No.TS-O8-GA- 8601 which was seized in C.O.R.No.97 ot 2O25 on the file of Prohibition & Excise Police Station, Maripeda, Mahabubabad District.

2. Heard Mr.S.Goutham, learned counsel for the petitioners/accused Nos.1 to 5 as well. as Mr.Erigi Ganesh, the learned Assistant Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioners submitted that the matter is squarely covered by the orders dated 04.03.2022 and 15.10.2025 passed in Crl.P.Nos.704O oI 2024 and 13342 ot 2O25 and enclosed copy of the said orders along with the criminal petition. ,/ 2 ETD, J Crlp-14771 ,2025

4. Learned Assistant Public Prosecutor also submitted that the issue raised in the present criminal petition is squarely covered by the earlier orders passed in the above criminal petitions.

5. Perused the record. The allegation leveled against the petitioners/accused Nos.1 to 5 is that they were found in possession of 4 bags of black Jaggery and 50 Kgs of AIum. 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 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 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 and Alum. lt is pertinent to refer Section 2 (22A) of Excise Act which reads as under: 3 ETD, J Crlp _14777 _2025 Section 2(22A)":- "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.47B02lEx.lll.112006-13, 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 sent proposal for inclusion of Rotten Jaggery under definition of material in A.P. Exclse Act, 1968 so as to ensure effective control of lD arrack crime and to improve Government Revenue.

2. Government after careful examination of the matter, 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 /isf of the 'materials' used in the manufacture of lD liquor may adversely affect the interesf of genuine ryots and the traders. Hence, it was decided not to impose restriction on any agriculture produce, particularly on J aggery.

3. Hence, the proposal to include roften jaggery under definition of 'material' u/s. 2 of A.P. Excise Act, 1968 has not been accepted by the Government." - --,,+-.:Ei*:.----.-.: '-. --:- 4 ETD, J Crlp_1477'l _2025

8. Thus, a conjoint reading of Section 34(e) of the Act, the definition of "material" under Section 2(224). of the Act, and the recitals of the Government Memo daled 20.12.2010 would lead to the conclusion that black jaggery is not a material as enumerated under Section 2(224) of the Act. Hence, it cannot 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 20't3, 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 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 to 5 in Crime No.97 of 2025, on the file of Maripeda Police Station, Mahabubabad District, are hereby quashed. Consequently, the Station House Officer of concerned Police Station shall release the I 5 ETD, J Crlp_14777 _2025 subject vehicle i.e., Maruthi Suzuki Car bearing No.TS-08-GA-8601 subject to the petitioners giving an undertaking that they will not alienate or change the physical features of the vehicle and not to transfer the vehicle in favour of any third pafty without clearance from the Excise Department.

11. Miscellaneous petitions pending, if any, shall stand closed. SD/. C DEEPIKA ANT REGISTRAR //TRUE COPY// OFFICER To,

1. The Court of the Executive Magistrateffahsildar, Maripeda 2. The Station House Officer, Maripeda Police Station, Mahabubabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri S Goutham, Advocate [OPUC] 5. Two CD Copies ABK/pr . HIGH COURT DATED: 131111ZO2S ORDER CRLP.No.14t7t of 2025 t O() S I $ I o[t ?s6 t-j s *

1."' 'r ALLOWNG THE CRIMINAL PETITION g