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IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.17329 of 2025

Date: 22.12.2025

Between:

Anil Kumar Asati

...Petitioner

AND

The State of Telangana, through S.H.O.,

Suryapet Prohibition and Excise Station,

Suryapet District, rep. By its Public Prosecutor,

High Court for the State of Telangana, at Hyderabad.

...Respondent

ORDER

This Criminal Petition has been filed seeking a direction to

the S.H.O., Suryapet Prohibition and Excise Station, Suryapet

District, to release the jaggery powder seized in C.O.R.No.244 of

2025, in view of the quashing of the proceedings in the said C.O.R.

by this Court in Criminal Petition No.16438 of 2025 dated

10.12.2025.

2. Heard Mr. P. Shiva Sainath, learned counsel representing

Mr. P. Sai Sharan, learned counsel for the petitioner and

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Mr.Veeramalla Jithendar Rao, learned Additional Public

Prosecutor for respondent.

3. Learned counsel for the petitioner submitted that the

petitioner is the owner of the seized jaggery powder. The accused

in the said crime approached this Court and filed Criminal Petition

No. 16438 of 2025, and this Court allowed the said petition on

10.12.2025. In spite of the same, the S.H.O., Suryapet Prohibition

and Excise Station, Suryapet District, has not released the said

seized jaggery powder. Hence, the action of the said authority is

contrary to the orders passed by this Court.

4. Per contra, learned Additional Public Prosecutor submitted

that the seized jaggery powder was deposited before the Deputy

Commissioner of Prohibition and Excise, Nalgonda. The

petitioner, without approaching the Deputy Commissioner of

Prohibition and Excise, Nalgonda, by submitting an appropriate

application for release of the seized jaggery powder, has

straightaway approached this Court and filed the present Criminal

Petition.

5. Having considered the rival submissions made by the

respective parties and after perusal of the record, it reveals that

accused had approached this Court and filed Criminal Petition No.

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16438 of 2025 seeking quashing of the proceedings in C.O.R. No.

244 of 2025 and the same was allowed on 10.12.2025. By virtue

of the quashing of C.O.R.No.244 of 2025, the petitioner is entitled

to the return of the seized jaggery powder, but the seized jaggery

powder was deposited before the Deputy Commissioner of

Prohibition and Excise, Nalgonda by the Prohibition and Excise

Sub-Inspector, Suryapet Excise Station, Suryapet District.

6. Taking into consideration the facts and circumstances of the

case, the petitioner is granted liberty to submit an application for

release of the seized jaggery powder before the Deputy

Commissioner of Prohibition and Excise, Nalgonda, enclosing a

copy of this order, as well as the order dated 10.12.2025 in

Crl.P.No.16438 of 2025. On receipt of such application, the

Deputy Commissioner of Prohibition and Excise, Nalgonda is

directed to consider the same and release the seized jaggery

powder, within a period of three (03) days from the date of filing of

the application. Registry is directed to communicate a copy of this

order to the concerned Deputy Commissioner of Prohibition &

Excise, Nalgonda.

7. Accordingly, the criminal petition is disposed of.

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Pending miscellaneous applications, if any, shall stand

closed.

____________________________

JUSTICE J. SREENIVAS RAO

22.12.2025

Note: Issue C.C. in two days

b/o.

ggd