Andhra Pradesh High Court - Amravati
Gampala Manikanta Swamy vs The State Of Andhra Pradesh on 18 July, 2025
APHC010363792025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3396]
(Special Original Jurisdiction)
FRIDAY,THE EIGHTEENTH DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 7516/2025
Between:
1. GAMPALA MANIKANTA SWAMY, S/O. NAGESWARA RAO, AGED 24
YEARS R/O.5-336, MANGAYAMMA PETA, NEAR HOSTEL,
DHARMAVARAM PRATHIPADU MANDAL, KAKINADA DISTRICT,
ANDHRA PRADESH
...PETITIONER/ACCUSED
AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS
PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH,
HIGH COURT BUILDINGS AT NELAPADU, GUNTUR DISTRICT,
ANDHRA PRADESH (PROHIBITION AND EXCISE POLICE STATION,
PITHAPURAM, KAKINADA DISTRICT).
2. J VIJAY KUMAR, S/O. NOT KNOWN TO THE PETITIONER, AGED
MAJOR, OCC- P AND E SUB-INSPECTOR, PROHIBITION AND
EXCISE STATION, PITHAPURAM, KAKINADA DISTRICT, ANDHRA
PRADESH.
...RESPONDENT/COMPLAINANT(S):
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 Courtmay be pleased to call for the records
relating to and in connection with FIR No.145/2025, dated 27.05.2025 on the
file Prohibition & Excise Police Station, Pithapuram, Kakinada District,
registered under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended
as 2020 and to quash the same and pass
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IA NO: 1 OF 2025
Petition under Section 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 may be pleased may be pleased to dispense with filing of the
original certified copy of FIR No.145/2025, dated 27.05.2025 on the file of
Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered
under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended as 2020
before this Hon'ble Court and pass
IA NO: 2 OF 2025
Petition under Section 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 may be pleased may be pleased to stay of all further proceedings
in connection with FIR No.145/2025, dated 27.05.2025 on the file of
Prohibition & Excise Police Station, Pithapuram, Kakinada District, registered
under Section 7-A, r/w 8(A) of A.P. Prohibition Act, 1995 amended as 2020
and pass
Counsel for the Petitioner/accused:
1. V SAI KUMAR
Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
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THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 7516/2025
ORDER:
The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed, by the Petitioner/Accused No.2, seeking quashment of the proceedings against him in FIR No.145 of 2025, of Prohibition & Excise Police Station, Pithapuram, Kakinada District, for the offence punishable under Section 7-A r/w 8(A) of A.P.Prohibition Act, 1995, amended as 2020 .
2. Heard Sri V.Sai Kumar, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State.
3. It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively.
4. For ready reference, the order passed in Criminal Petition No.7742 of 2019 is extracted hereunder:
"Learned counsel for the petitioner submits the petitioner isthe proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he was brining black jaggery for the purpose of his business, the same was seized under the cover of mediator's report. He further submits that even on consideration of the entire averments in the mediators report, which lead to registration of the subject crime, the 4 petitioner only allegedly indulged in transportation of black jaggery. As per G.O.Ms.No.149, Revenue (Excise-II) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He also has drawn the attention of this Court to the earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.P.No.52 of 2010, dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed.
Learned Additional Public Prosecutor fairly states that the matter is a covered matter.
Having regard to the facts and submissions and the legal position, this Court is of the considered view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner.
In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed."
5. Hence, following the said Orders passed by this Court in Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioner/Accused in FIR No.145 of 2025, of Prohibition & Excise Police Station, Pithapuram, Kakinada District, for the offence punishable under Section 7-A r/w 8(A) of A.P.Prohibition Act, 1995, amended as 2020.
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6. In the result, the Criminal Petition is allowed.
As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed.
__________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 18.07.2025 MH 6 63 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.7516 of 2022 Dt.18.07.2025 MH