Telangana High Court
Santosh Singh vs The State Of Telangana on 18 June, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 4100 OF 2025
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking
quashment of the proceedings against the petitioners in C.C.No.5812 of
2023, on the file of the learned IV Additional Chief Metropolitan
Magistrate at Nampally, Hyderabad.
2. The petitioners are arrayed as accused Nos.3, 4 and 6 in the
Calendar Case registered for the offences punishable under Sections
34(1)(II) and 34(2) of T.S. Excise Act, 1968.
3. Heard Mr. Damodar Mundra, learned counsel for the petitioners
and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor,
representing the respondent-State.
4. The accusation against the petitioners is that petitioner
No.3/accused No.6 along with others running business of black jaggery
powder and alum allied material which are used for manufacturing illicit
distilled liquor and supply these materials on orders from the customers.
NTR,J
5. Learned counsel for the petitioners would submit that none of the
prosecution proceedings are demonstrating that the petitioners are
involved in distilling illicit liquor and the accusation of conducting
business in black jaggery powder and Alum would not call for
prosecution. He further submits that this Court vide order dated
06.02.2025 in Criminal Petition No.1664 of 2025 had considered similar
aspect and concluded that in absence of any materials that the
petitioners processed intoxicant substance, cannot be held liable for any
offence under Excise Act and quashed the proceedings. Thus as the
contested aspect in the present criminal petition is squarely covered in
the earlier judgments prayed for putting into effect and to quash the
proceedings.
6. Learned Additional Public Prosecutor would fairly submit that the
aspect has been considered and determined by this Court in the above
referred criminal petition and that proposition is squarely applicable to the
present case.
7. I have perused the materials on record and carefully considered
the submissions of the learned counsel.
8. A Coordinate Bench of this Court, in Criminal Petition No. 1664 of
2025, after considering the Memo issued by the Government of Andhra
NTR,J
Pradesh (Memo No. 47802/Ex.III.1/2006-13, dated 20.12.2010), noted
that the Government had declined the request to impose a ban or
restriction on the possession or sale of black jaggery or jaggery under
Section 2 of the Telangana Excise Act. Upon examining the scope and
intent of Section 2(22A), as well as Sections 13(1)(f), 34, and 42(c) of the
Telangana Excise Act, the Court held that engaging in the business of
purchasing or selling jaggery does not constitute an offence. The relevant
portion is reproduced below:
"Sections 34 and 13(1)(f) of the Telangana Excise Act, lays down penalty for
illegal import, export etc., and for manufacture of the prohibited material
mentioned therein without any license or permit. Section 34€ penalizes the
use, keeping in possession any material, stills, utensils, implements or
apparatus whatsoever for the purpose of manufacturing any intoxicant other
than toddy. The presumption given under Section 42( c ) of the Excise Act is
that any materials which have undergone any process towards the
manufacture of any intoxicant or from which an intoxicant has been
manufactured; for the possession of which he is unable to account
satisfactorily. There is no material to show that the petitioners have processed
the said black jaggery for the purpose of manufacturing any intoxicant
substance. As earlier discussed, jaggery does not fall within the term
'material', as enumerated under Section 2 (22A) of the Telangana Excise Act.
Thus, it is clears that the petitioners, who are engaged in the business of
purchase and sale of jaggery, have not committed the offences alleged against
them.
In view of the above, this Court is of the considered view that the continuation
of the proceedings against the petitioners-accused Nos.2 and 5 amounts to
abuse of process of law."
NTR,J
9. In light of the settled legal position outlined above, and considering
that the sole allegation against the petitioners is that they are engaged in
the business of black jaggery powder, the continuation of criminal
proceedings against them would amount to an abuse of the legal
process. Accordingly, the proceedings against the petitioners/Accused
Nos. 3, 4 and 6 in C.C. No. 5812 of 2023, pending before the learned IV
Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are
liable to be quashed. Ordered accordingly.
10. For the reasons stated above, the Criminal Petition is allowed.
Consequently, the proceedings against the petitioners/Accused Nos. 3, 4
and 6 in C.C. No. 5812 of 2023, pending before the learned IV Additional
Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby
quashed.
Pending miscellaneous applications, if any, shall stand closed.
_______________
N.TUKARAMJI, J
Date:18.06.2025
Ccm/svl
