Telangana High Court
Yerramshetty Rajeshwar Rao vs The State Of Telangana on 24 June, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 7562 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 petitioner in C.C.No.1697 of
2022, on the file of the learned I Additional Judicial Magistrate of First
Class at Wanaparthy.
2. The petitioner is arrayed as accused No.4 in the Calendar Case
registered for the offences punishable under Sections 34(e) r/w 3(b)
and 4(1)(iii)(b) of T.S.Excise Act, 1968 and Guru (Regulation of Use)
Orders, 1968 Clause-III.
3. Heard Mr. A.Shiva Sainath, learned counsel for the petitioner and
Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor,
representing the respondent-State.
3. The accusation against the petitioner is that he is running
business of white jaggery powder and alum allied material which are
used for manufacturing illicit distilled liquor and supply these materials
on orders from the customers.
4. Learned counsel for the petitioner would submit that none of the
prosecution proceedings are demonstrating that the petitioner is
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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.
5. 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.
6. I have perused the materials on record and carefully considered
the submissions of the learned counsel.
7. A Coordinate Bench of this Court, in Criminal Petition No. 1664 of
2025, after considering the Memo issued by the Government of Andhra
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
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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."
8. In light of the settled legal position outlined above, and
considering that the sole allegation against the petitioner is that he is
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engaged in the business of black jaggery powder, the continuation of
criminal proceedings against him would amount to an abuse of the legal
process. Accordingly, the proceedings against the petitioner/Accused
No. 4 in C.C. No. 1697 of 2022, pending before the learned I Additional
Judicial Magistrate of First Class at Wanaparthy, are liable to be
quashed. Ordered accordingly.
9. For the reasons stated above, the Criminal Petition is allowed.
Consequently, the proceedings against the petitioner/Accused No. 2 in
C.C. No. 1697 of 2022, on the file of the learned I Additional Judicial
Magistrate of First Class at Wanaparthy, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
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N.TUKARAMJI, J
Date:24.06.2025
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