The High Court · 2025

The State of Telangana,, througrh S.H.O., Thomrr Proh. and Excise Station, Mahabubabad Diskict, rep. by its Public Prosecutor, High Court, Hyderabad.PlN-500066 ...RESPONOENT/COMPLAINANT Petition under Section 528 of BNSS C 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 C.O.R.No. 545 of 2025 of Thorrur Proh. and Excise, Mahabubabad District, and quash the proceedings thereon. l.A. NO: 2OF 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 C.O.R.No. 545 ot 2O25 of Thorrur Proh. and Excise, Mahabubabad District, pending disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandurn, of Grounds of Criminal Petition and upon. hearing the arguments of,Sri ARVAPALLI SHIVA SAI NATH ,Advocate for the Petitioner and Sri E. Ganesh Assistant Public Prosecutor (TG) on behalf of the $ole Respondent. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14768 of 2025 ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.O.R.No.545 of 2025, on the file of Thorrur Prohibition and Excise Station, Mahabubabad District, registered for the offence punishable under Section 7(a) read with B(e) of the Telangana Prohibition Act, 1995 and Section 34(e) of Telangana Excise Act. (for short'the Act').

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioners/accused Nos.1 to 3 as well as Mr.Erigi Ganesh, the learned Assistant Public Prosecutor appearing for the respondent - State.

3. Learned counselfor the petitioners submitted that the matter is squarely covered by the order dated 1O.1O.2O25 passed in Crl.P.No.13106 of 2O25 and enclosed copy of the said order along with the criminal petition. 2 ETD,J Crlp_14768 2025 4- Leamed Assistant Public Prosecutor also submitted that the issue raised in the present criminal petition is squarely covered by the earlter order passed in the above criminat petition. 5- Perused the record. The atlegation leveled against the petitioners/accused Nos.1 to 3 is that they were found in possession of 60 white bags, each bag having 50 Kgs of black Jaggery and 2 white bags, each bag having 50 Kgs of Alum. lt is alleged that the said btack Jaggery and Alum are rrsed as materials in preparatlon of lD liquor and that the petitionei's had been selling it to earn good retums as it is used in the manufacture of such liquor. An FIR has been registered under Section 34 (e) of the A.ct, which prescribes penalties for the illegal import, export, etc., of prohibited materials . *-----*rneffffo'ned the-re-in wittiout any license br pefriiif Specificalffi Sebiion 3a(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 JaggQryjnd Alum. lt is pertinent to refer section 2 (22A) of Excise whieh reads as under: --r{et i I ! I 3 F;TI.,, J Crlp_14768_2O25 "section 2(22A):- "Material' includes molasses' wash and such other substances as State Govemment may, by notification, specify;" Further, proceedings were issued by the Government of 7 Andhra Pradesh in Memo No-47802/Ex.lll.1/2006-13, dated 20-12.2010 and the contents of the said memo are extracted below: "The aftention of the Commissioner of Prdtibition and Excise, A.P., Hyderabad is invited to the reference 1st cited, wherein he has senf rrc1posal for inclusion of Rotten Jaggery under definrtion of material in A'P' Excise Aci,- 1968 so as to ensure effective antrol of tD anack 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 Jaggry are viewed as- ag-ricuiwe produce or its bi-products and inclusion of tie same in the list of the 'materials' used in the manufacture of lD liquor may adver*ly affect the interest of genuine ryots and the traders. Hence, it was decided not to impose restriction on any agriculture produe, particularly on Jaggery-

3. Hence, the proposa! to include rotten iaggery under definition of 'materiat' u/s. 2 of A.P. Exci* Act, 1968 has not been acepted by the Governnent." \ \

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 daled 2O-12-2010 would lead to the conclusion that black jaggery is not a material as enumerated ,.' 4 ETD, J Cnp_14768 2025 under section 2(2zA) of the Act. Hence, it cannot be herd that the petitioners have 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 arso 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 3 in C.O.R.No.S4S ot 2025, on the file of Thonur prohibition and Excise Station, Mahabubabad District, are hereby quashed. _- *_ 11. Miscellaneous pejitions pending, if any, shall stand closed. 7 U REGISTRAR To, P

1. TheJudicial First Class Magistrate at Thorrur, Mahabubad District. 2. The S.H.O., Nellikudur Police Station, Mahabubad Distirct. 3. The SHO Thomrr Proh. and Excise Station, Mahabubabad District. 4. One CCto SRl. ARVAPALLI SHIVA SAI NATH Advocate [OPUC] 5. Two Copies to PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUTI

6. Two CD Copies HIGH COURT DATED:13111t2025 TI-IE S A \ 1 7 JA|l 2026 () * CRLP.No.14TGB of 2025 ALLOWING THE CRIMINAL PETITION q 1\