THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14768 of 2025

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.O.R.No.545 of 2025, on the file of Thorrur Prohibition and Excise Station, Mahabubabad District, registered for the offence punishable under Section 7(a) read with 8(e) of the Telangana Prohibition Act, 1995 and Section 34(e) of Telangana Excise Act. (for short ‘the Act’).

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioners/accused Nos.1 to 3 as well as Mr.Erigi Ganesh, the learned Assistant Public Prosecutor appearing for the respondent -

State.

3. Learned counsel for the petitioners submitted that the matter is squarely covered by the order dated 10.10.2025 passed in Crl.P.No.13106 of 2025 and enclosed copy of the said order along with the criminal petition.

4. Learned Assistant Public Prosecutor also submitted that the issue raised in the present criminal petition is squarely covered by the earlier order passed in the above criminal petition.

5. Perused the record. The allegation leveled against the petitioners/accused Nos.1 to 3 is that they were found in possession of 60 white bags, each bag having 50 Kgs of black Jaggery and 2 white bags, each bag having 50 Kgs of Alum. It is alleged that the said black Jaggery and Alum are used as materials in preparation of ID liquor and that the petitioners had been selling it to earn good returns as it is used in the manufacture of such liquor. An FIR has been registered under Section 34 (e) of the Act, which prescribes penalties for the illegal import, export, etc., of prohibited materials mentioned therein without any license or permit. Specifically, Section 34(e) of the Excise Act penalizes the use and possession of any materials, stills, utensils, implements, or apparatus whatsoever for the purpose of manufacturing any intoxicant other than toddy.

6. The material alleged to have been seized herein is black Jaggery and Alum. It is pertinent to refer Section 2 (22A) of Excise Act which reads as under:

“Section 2(22A):- "Material' includes molasses, wash and such other substances as the State Government may, by notification, specify;”

7. Further, proceedings were issued by the Government of Andhra Pradesh in Memo No.47802/Ex.III.1/2006-13, dated 20.12.2010 and the contents of the said memo are extracted below:

“The attention of the Commissioner of Prohibition and Excise, A.P., Hyderabad is invited to the reference 1st cited, wherein he has sent proposal for inclusion of Rotten Jaggery under definition of material in A.P. Excise Act, 1968 so as to ensure effective control of ID arrack crime and to improve Government Revenue.

2. Government after careful examination of the matter, hereby decided that Black Jaggery or Rotten Jaggery or any other form of Jaggery are viewed as agriculture produce or its bi-products and inclusion of the same in the list of the ‘materials’ used in the manufacture of ID liquor may adversely affect the interest of genuine ryots and the traders. Hence, it was decided not to impose restriction on any agriculture produce, particularly on Jaggery.

3. Hence, the proposal to include rotten jaggery under definition of ‘material’ u/s. 2 of A.P. Excise Act, 1968 has not been accepted by the Government.”

8. Thus, a conjoint reading of Section 34(e) of the Act, the definition of “material” under Section 2(22A) of the Act, and the recitals of the Government Memo dated 20.12.2010 would lead to the conclusion that black jaggery is not a material as enumerated under Section 2(22A) of the Act. Hence, it cannot be held that the petitioners have committed an offence as laid down under Section 34(e) of the said Act.

9. Similar matters have been disposed of by a Co-ordinate Bench of this Court in Crl.P.No.15636 of 2013, wherein the proceedings against the petitioner therein were quashed hold