Andhra Pradesh High Court - Amravati
Juluri Rambabu vs The State Of Andhra Pradesh on 18 June, 2021
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
Criminal Petition No.3219 of 2021
ORDER:
This Criminal Petition under Section 482 Cr.P.C. is filed
seeking quash of F.I.R. in Crime No.78 of 2021 of Vissannapet
Police Station, Krishna District.
2. Heard learned counsel for the petitioner and learned
Additional Public Prosecutor for the respondent State.
3. A case in Crime No.78 of 2021 was registered by
Vissannapet Police against the petitioner for the offence
punishable under Section 34(e) of the A.P. Excise Act on the
ground that the petitioner has sold black jaggery to other persons
in this case, who are indulging in manufacturing illicit distilled
liquor by using the said black jaggery.
4. Learned counsel for the petitioner would submit that the
petitioner is only doing business and in the process of doing his
business that he has sold the black jaggery to the other persons
and as such, it cannot be said that the petitioner has indulged in
manufacturing of any illicit distilled liquor by using the said black
jaggery. He would further submit that this is a covered matter in
view of the earlier common order passed by this Court in
Crl.P.No.406 of 2021 and batch, dated 29.01.2021, whereby this
Court has quashed the F.I.Rs. registered based on similar facts.
He would also further submit that the petitioner is similarly
placed and thereby prayed for quash of the F.I.R. registered
against him also.
2 CMR, J.
Crl.P.No.3219 of 2021
5. Learned Additional Public Prosecutor would submit that the
fact whether the petitioner has sold the black jaggery in the
process of his business or whether he has sold the said jaggery to
the other accused persons with knowledge that the same is going
to be used for manufacturing illicit distilled liquor or not is to be
ascertained during the course of investigation and as such, the
F.I.R. cannot be quashed at this stage. He would submit that
storing black jaggery or transporting black jaggery clearly
constitutes an offence as held by the Apex Court in the case of
State of A.P. v. Bajjoori Kanthaiah1. Therefore, relying on the
aforesaid judgment of the Apex Court, learned Additional Public
Prosecutor vehemently opposed this Criminal Petition and prayed
for dismissal of the same.
6. The fact that the petitioner is doing business and that he
has sold the black jaggery in the process of his business is not
disputed before this Court. Therefore, as the petitioner has been
doing business and as he has sold the said black jaggery to other
persons in the process of his business, it cannot be said that he
has sold the said jaggery for the purpose of manufacturing illicit
distilled liquor. This Court as per the order passed in
Crl.P.No.6911 of 2019, dated 15.11.2019, has quashed the F.I.Rs.
registered on identical facts. Therefore, the petitioner herein,
who is similarly placed, is also entitled for quash of F.I.R. It is
also relevant to note that in Crl.P.No.6911 of 2019, this Court
held as follows:
(2009) 1 SCC 114
3 CMR, J.
Crl.P.No.3219 of 2021
"Even recently the newly formed State of Andhra Pradesh has
issued orders in G.O.Ms.No.149, dated 18.04.2017 framing certain
guidelines, wherein it was held that the jaggery or black jaggery is not
a prohibited commodity. Pursuant to the said G.O.Ms.No.149, the
Commissioner of Prohibition & Excise, Andhra Pradesh, Amaravati,
Vijayawada, issued instructions in Cr.No.188/DOE/2014/B1, dated
18.04.2017 holding that the jaggery/black jaggery is not a prohibited
commodity, no inconvenience shall be caused to the farmers or
traders/dealers or users for lawful possession."
7. Based on the said G.Os. and considering the earlier orders of
this Court quashing the F.I.Rs of similar nature, this Court in
another case in Crl.P.No.3930 of 2020 quashed the F.I.R.
registered for the offence punishable under Section 34(e) of the
A.P. Excise Act.
8. The judgment of the Apex Court relied on by the learned
Additional Public Prosecutor is distinguishable on facts of the
present case. That was not a case where the accused was doing
business and that he has been in possession of the black jaggery
in connection with his business and sold the same. That was a
case where the accused was found to be in illegal possession of
the black jaggery, storing the same or transporting the same.
Therefore, in the said facts and circumstances of the case, the
Apex Court held that it is not a fit case for quash of F.I.R. In the
instant case, as already discussed supra, the accused has been in
possession of the black jaggery in connection with his business
actually and he has sold the black jaggery in the process of doing
the said business. Therefore, possession of the black jaggery by
the petitioner is not illegal and selling the same to other persons is
4 CMR, J.
Crl.P.No.3219 of 2021
also not illegal. So, the petitioner cannot be fastened with any
criminal liability in the facts and circumstances of the case.
9. In the result, the Criminal Petition is allowed and the F.I.R.
in Crime No.78 of 2021 of Vissannapet Police Station, Krishna
District, registered against the petitioner, is hereby quashed.
Consequently, miscellaneous applications, pending if any,
shall stand closed.
________________________________________________
JUSTICE CHEEKATI MANAVENDRANATH ROY
Date:18-06-2021.
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