HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.8714 of 2014 Date: 11-11-2014 Between Sareddy Nagi Reddy and 2 others … Petitioners/ Accused 1 to 3 and The State of Telangana, Through SHO, Kodad Town PS, Khammam District, Rep. by Public Prosecutor, High Court, Hyderabad … Respondent/ Complainant HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.8714 of 2014 Order:
The petitioners seek for the quashment of C.C.No.254 of 2014 on the file of the Judicial Magistrate of First Class, Kodad, Nalgonda District. They were charge- sheeted for the offence under Section 34(e) of the Andhra Pradesh Excise Act, 1968 for transporting 300 bags of black jaggery and 75 bags of alum.
The learned counsel for the petitioners submitted that possessing black jaggery and alum per se is not punishable and that the charge-sheet therefore is liable to be quashed. The licence of the 3rd petitioner has been produced by the petitioners.
2. The learned counsel for the petitioners placed reliance upon proceedings in CR.No.4294/DPF/2001/ C5, dated 22-12-2001 issued by the Commissioner of Prohibition and Excise clarifying that the consignments of black jaggery covering the same with way bills is not punishable under the provisions of the A.P. Excise Act. The learned counsel for the petitioners also placed reliance upon G.O.Ms.No.1929, Revenue (CT-II) Department, dated 27-12-2006, which included jaggery as entry No.52 in Schedule-I of the Andhra Pradesh Value Added Tax Act, 2005 and also Memo No.47802/ Ex.III.1/2006-13, Revenue (Ex.III) Department, dated 20-12-2010 rejecting the proposal of the Excise Department to include rotten jaggery in the definition of material under Section 2 of the A.P. Excise Act.
3. It was held in a series of cases that mere possession of black jaggery or alum per se is not punishable. For instance, it was held by me in Crl.P.No.8904 of 2014, dated 07-11-2014, that possession of black jaggery and alum per se is not punishable. In the present case, there is no allegation that the petitioners were helping others for the manufacture of Illicit Distilled Liquor with the black jaggery. I therefore consider that no offence prima facie is made out against the petitioners. Consequently, the prosecution of the petitioners is bad.
4. Accordingly, this criminal petition is allowed.
The charge-sheet in respect of C.C.No.254 of 2014 on the file of the Judicial Magistrate of First Class, Kodad, Nalgonda District is quashed as against the petitioners 1 to 3. The miscellaneous petitions, if any, pending in this petition shall stand closed.
Dr. K.G.SHANKAR, J.
11th November, 2014. Ak HON’BLE Dr. JUSTICE K.G.SHANKAR Criminal Petition No.8714 of 2014 11th November, 2014. (Ak)