Andhra Pradesh High Court - Amravati
Aathmakuri Jagadeesg vs The State Of Ap on 21 November, 2025
APHC010299092023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 4231/2023
Between:
1. AATHMAKURI JAGADEESG, S/O. VENKATESWARARAO AGED
ABOUT 26 YEARS, R/O.VENKATAGIRI GET KHAMMAM, ANDHRA
PRADESH.
2. MATHAKALA SUDHAKARA RAO, S/O.RAMARAO AGED ABOUT
40 YEARS, R/O. LINGALA VATSAVAI MANDAL, KRISHNA
DISTRICT, ANDHRA PRADESH.
3. TALLURI SYAM PRASAD, S/O.PRABHUDAS AGED ABOUT 24
YEARS, R/O. LINGALA, VATSAVAI MAN AL KRISHNA DISTRICT,
ANDHRA PRADESH.
...PETITIONER/ACCUSED(S)
AND
1. THE STATE OF AP, Through S.H.O Denduluru police station, Rep.
by Public prosecutor High court of Andhra Pradesh at Amaravati
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds
of Criminal Petition, the High Court pleased to call for the records and
quash the proceedings in C.C.No. 457/2022 on the file of Judicial First
Class Magistrate, Bhimadole as against the Petitioners/Accused No.1 to 3
and pass
Counsel for the Petitioner/accused(S):
1. PILLIX LAW FIRM
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
2
APHC010299052023
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY FIRST DAY OF NOVEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 4233/2023
Between:
1. AATHMAKURI JAGADEESH, S/O. VENKATESWARARAO AGED
ABOUT 26 YEARS, R/O. VENKATAGIRI GET KHAMMAM,
ANDHRA PRADESH.
2. SHAIK INAYATHULLA, , S/O. ALLA BIKSHU AGED ABOUT 38
YEARS, R/O. JAGGAYAPETA KRISHNA DISTRICT ANDHRA
PRADESH.
3. KOMARAGIRI MAHESH,, S/O.RAMASWAMY AGED ABOUT 32
YEARS, R/O. ASHOK NAGAR MALLAPUR, RANGAREDDY,
HYDERABAD
...PETITIONER/ACCUSED(S)
AND
1. THE STATE THROUGH SHO DENDULURU POLICE STATION,
Through S.H.O Denduluru police station, Rep. by Public prosecutor
High court of Andhra P-adesh at Amaravati
...RESPONDENT/COMPLAINANT
Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS
praying that in the circumstances stated in the Memorandum of Grounds
of Criminal Petition, the High Court pleased to call for the records and
quash the proceedings in C.C.No.648/2022 on the file of Judicial First
Class Magistrate, Bhimadole as against the Petitioners/Accused No.1 to 3
and pass
Counsel for the Petitioner/accused(S):
1. PILLIX LAW FIRM
Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR (AP)
3
COMMON ORDER:
Since the issue involved and the parties are one and the same, these Criminal Petitions are being disposed of, by this Common Order. Crl.P.No.4231 of 2023
The instant Criminal Petition is filed by the Petitioners under Section 482 of Cr.P.C. (Section 528 of B.N.S.S., 2023) for the following relief:
" ... to call for the records and quash the proceedings in C.C.No.457/2022 on the file of Judicial First Class Magistrate, Bhimadole as against the Petitioners/Accused No.1 to 3 and pass ..."
Brief facts of the case are that the Revenue Inspector of Civil Supplies, Denduluru Mandal, on 20.04.2022 on receipt of credible information from the Regional Vigilance and Enforcement Officer, Eluru, regarding illegal transportation of PDS rice into the black market for pecuniary gains, along with the staff and mediators, intercepted one lorry bearing No.AP 07 TU 0089 which is plying from Khammam District to Bikkavole village, East Godavari Districted and stopped the lorry, questioned the driver of the lorry about the stock in the lorry, he revealed the name and particulars. Further A.Jagadeesh, has purchased PDS rice from the card holders at lower rates and the same is being sold into the black market at higher rates for his pecuniary gains. On verification of the lorry in the presence of mediators, found 400 plastic bags each containing 50 kgs of PDS rice and in total 200 quintals of PDS rice is found, since there is no proper answer for illegal transport of the PDS rice and thereby violated Clause 19(e)(f) and 20(j) of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018. The inspecting staff came to the conclusion that the owner of the rice, driver of the lorry and owner of the lorry are held responsible for the offence. They seized the lorry 4 along with PDS rice under the cover of mediator's report. Seized PDS rice was sent to Sri Gayathri Traders, Gundugolanu village, Bhimadole Mandal for safe custody, seized lorry was handed over to Dendulur Police, where a case in Crime No.130 of 2022 is registered against the respondents for the offences punishable under Sections 420 IPC and Section 7(1) of EC Act, 1955. The Civil Supplies officials filed a report before the Joint Collector and Additional District Magistrate, Eluru under Section 6A of the Essential Commodities Act, 1955 to initiate action against respondents 1 to 3, who are owner of the rice, driver of the lorry and owner of the lorry, who in turn taken the case on file vide Roc.No.CS1/233/ECA-115/2022, dated 21.05.2022 and framed two charges and ordered for 20% confiscation of the seized stocks of rice or its value and imposed penalty of Rs.10,000/- on the seized lorry. After completion of the investigation in connection with Crime No.130 of 2022, Police filed charge sheet against A.1 to A.3 for the offence punishable under Section 420 IPC and Section 7(1) of the Essential Commodities Act, 1955. Seeking quashment of the Proceedings, Petitioners /A.1 to A.3 filed the present Criminal Petition.
Crl.P.No.4233 of 2023
" ... to call for the records and quash the proceedings in C.C.No.648/2022 on the file of Judicial First Class Magistrate, Bhimadole as against the Petitioners/Accused No.1 to 3 and pass ..."
Brief facts of the case are that the Civil supplies Revenue Inspector, Denduluru Mandal, on 30.04.2022 on receipt of credible information from the Regional Vigilance and Enforcement Officer, Eluru, that PDS rice is illegally transporting into the black market for their pecuniary gains, along with the staff and mediators, intercepted one lorry bearing No.AP 16 TY 6599 which is plying from Khammam District to Kakinada, 5 East Godavari Districted and stopped the lorry, questioned the driver of the lorry about the stocks in the lorry, he revealed the name and particulars. Further A.Jagadeesh, has purchased PDS rice from the card holders at lower rates and the same is selling into the black market at higher rates for his pecuniary gains. On verification of the lorry in the presence of mediators, found 480 plastic bags each 50 kgs containing PDS rice and in total 240 quintals of PDS rice is found and there is no proper answer for illegal transport of the PDS rice and thereby violated Clause 19(e)(f) and 20(j) of Andhra Pradesh State Targetted Public Distribution System (Control) Order, 2018. The inspecting staff came to the conclusion that the owner of the rice, driver of the lorry and owner of the lorry are held responsible for the offence. They seized the lorry along with PDS rice under the cover of mediator's report. Seized PDS rice was sent to Sri Gayathri Traders, Gundugolanu village, Bhimadole Mandal for safe custody, seized lorry was handed over to Dendulur Police, where a case in Crime No.140 of 2022 is registered against the respondents for the offences punishable under Sections 420 IPC and Section 7(1) of EC Act, 1955. The Civil Supplies officials filed a report before the Joint Collector and Additional District Magistrate, Eluru under Section 6A of the Essential Commodities Act, 1955 to initiate action against respondents 1 to 3, who are owner of the rice, driver of the lorry and owner of the lorry, who in turn taken the case on file vide Roc.No.CS1/252/ECA-134/2022, dated 21.05.2022, framed two charges and ordered for 20% confiscation of the seized stocks of rice or its value and imposed penalty of Rs.10,000/- on the seized lorry. After completion of the investigation in connection with Crime No.130 of 2022, Police filed charge sheet against A.1 to A.3 for the offence punishable under Section 420 IPC and Section 7(1) of the Essential Commodities Act, 6 1955. Seeking quashment of the Proceedings, Petitioners /A.1 to A.3 filed the present Criminal Petition.
Heard learned counsel appearing for Petitioners, and learned Assistant Public Prosecutor for respondent State. Perused the material on record.
3. Learned counsel for the Petitioners would submit that petitioner No.1/A.1 is doing involved in rice export and import business, by participating in auctions and the same will be re-milled for further sale, in the process, he loaded the rice in the subject vehicles, to transport to the places of destiny as per tax invoices. The said rice was released by the Joint Collector after concluding Proceedings under Section 6(A) of the Act, dated 14.3.2022. At this juncture, learned counsel brought to the notice of the Court that in the Proceedings of the Joint Collector dated 21.05.2022, it was observed that "explanations of the Petitioners were examined together and are convincing. However, there is a negligence on part of the respondents for not producing the documents during the inspection, even though the rice stocks transporting in the vehicle was seized stocks and the respondent No.1 got released the same vide proceedings dated 14.03.2022 of the Joint Collector & Additional District Magistrate, West Godavari, Eluru and the stocks loaded vide tax invoices, which were issued by Sri Venkateswara traders, Zaheerpura, Khammam."
4. Learned counsel for the petitioners would further submit that, as per the proceedings of the Joint Collector, no offence as alleged is made out against the Petitioners/A.1 to A.3. It is clear that the rice which is seized suspecting to be PDS rice is in fact not Public Distribution System Rice and hence, the provisions 7 of Section 420 IPC and Section 7 of EC Act do not attract to the facts of the present case. Learned counsel relied on the decisions of this Court in Crl.P.No.7792 of 2013, dated 23.10.20219, Crl.PNo.9070 of 2022 dated 23.11.2022 and in the light of the said decisions, requested to pass appropriate orders by disposing of these criminal petitions.
5. Learned Assistant Public Prosecutor, would submit that the Court may pass appropriate orders.
6. Considering the submissions made and on perusal of material placed on record, the proceedings of Joint Collector, dated 21.05.2022, would show that the respondents/petitioners herein were examined together with the connected records and the explanation rendered by the petitioners that the rice was purchased by the petitioner in the course of their business, under valid invoices for purpose of re-milling was found to be convincing. In such circumstances, no case can be made out against the petitioners as alleged under Sections 420 IPC and 7 of Essential Commodities Act.
7. In that view, this Criminal Petition is allowed. The Proceedings against the petitioners in CC Nos. 457 and 648 of 2022, on the file of the Court of Judicial First Class Magistrate, Bhimadole are hereby quashed. No order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
DR.JUSTICE VENKATA JYOTHIRMAI PRATAPA Mjl/* 8 HON'BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Criminal Petition No. 4231 & 4233 of 2023 21.11.2025 Mjl /*