APHC010089102026 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI [3521]

(Special Original Jurisdiction)

MONDAY,THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 1367/2026 Between:

1.JULURI SESHAGIRI RAO, S/O SUBBARAO, AGED 40 YRS , R/AT D.

NO. 168-1-98/1TANGELLAMUDI, NEARTHILAK NAGAR, ELURU, WEST GODAVARIDISTRICT

2.JULURI GANESH, S/O SUBBARAO, AGED 38 YRS , R/AT D.NO. 168-

1-98/1TANGELLAMUDI, NEARTHILAK NAGAR, ELURU, WEST GODAVARIDISTRICT.

...PETITIONER/ACCUSED(S)

AND

1.THE STATE OF ANDHRA PRADESH, Through the Sub Inspector of Police , Eluru II Town P.S., EluruRepresented by its Public Prosecutor, High Court atAmaravathi ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):

1.RAVURI LEELASAI SAMPATH Counsel for the Respondent/complainant:

1.PUBLIC PROSECUTOR The Court made the following:

Dr.YLR,J

ORDER:

Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity ‘the BNSS’) by the Petitioners seeking quashment of the proceedings in C.C.No.212 of 2025 on the file of the learned Special Judicial First Class Magistrate cum for Trial of cases under A.P. Prohibition and ExciseAct, Eluru.

2. Heard the learned Counsel for the Petitioners and the learned Assistant Public Prosecutor.

3. The L.W.14, who is the Sub-Inspector of Police, Eluru II Town Police Station, registered Crime No.715 of 2021 for the alleged commission of offences punishable under Section 34(a) of the Andhra Pradesh Excise Act, 1968 (for short, ‘the A.P. Excise Act’), Sections 269, 271 and 273 of the Indian Penal Code, 1860 (for short, ‘the I.P.C.’), and Section 51(b) of the Disaster Management Act, 2005 (for short, ‘the Act’). Upon completion of investigation, L.W.15 laid the charge sheet. It is pertinent to note that Rule 3 of the A.P. Excise Rules, 1972 unequivocally stipulates that where the investigation is undertaken by a police officer, such officer shall not hold a rank below that of an Inspector of Police.

Dr.YLR,J

4. In the present case, it is an admitted fact that the complainant, who initiated and undertook the process of search, seizure, inspection of the alleged contraband, investigation, and ultimately filing of the charge sheet, is only a Sub-Inspector of Police attached to Eluru II Town Police Station. Being an officer subordinate in rank to an Inspector of Police, he is legally incompetent to carry out such investigative acts under the statutory mandate. Consequently, the entire investigation and the resultant charge sheet suffer from a fundamental lack of jurisdiction.

5. As seen from the record, an officer in the cadre of Sub-Inspector of Police registered the case in Crime No.715 of 2021 under Section 34(a) of ‘the A.P. Excise Act’. Rules 2 and 3 of the Andhra Pradesh Excise (Powers and Duties) Rules, 1972, lay down as under:

“Rule-2. Officers authorised to enter and inspect places of manufactureand sale.--

(1) The Deputy Commissioner, the Assistant Commissioner of Excise (Enforcement) the Superintendent for Distilleries, the Assistant Superintendent for Distilleries or any other Excise Officer not below the rank of an Excise Sub-Inspector (under their administrative control) may exercise the powers, under clauses (a) and (c) of Section 52 of the Act and enter and inspect at any time, by day or by night any place in which any licensed manufactures or stores any intoxicant, examinetheaccountsor registers;and also [ examine, test, measure or weigh any materials, stills, utensils, implements, apparatusor intoxicant foundin suchplace.

(2) The Deputy Commissioner, the Assistant Commissioner of Excise (Enforcement) the Excise Superintendent, the Assistant Excise Superintendent or any other Excise Officer not below the rank of an Excise Sub-Inspector having jurisdiction over the place may exercise the powers under clauses (b) and (c) of Section 52 of the Act and enter and inspect any place in which any intoxicant is kept for sale