Allowed

Chivakula Devudu at Chawakula Demudu v. The State of Andhra Pradesh

Andhra Pradesh HC19 Feb 2020CRLP/7742/2019

Case brief

AI extract

What is this about?

The Court allowed the criminal petition seeking quashing of proceedings under the A.P. Prohibition Act and GUR Order despite the alleged act of transporting black jaggery, finding valid grounds to quash the matter.

What did the court decide?

The proceedings in F.I.R.No.262 of 2019 registered for offences under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of GUR Order, 1968 were quashed.

Chivakula Devudu at Chawakula Demudu Vs The State of… — Quashing and FIR | Andhra Pradesh HC (2020)

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THE HON'BLE MS. JUSTICE J. UMA DEVI

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CRIMINAL PETITION No.7742 OF 2019

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ORDER :

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This criminal petition is filed seeking to quash the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968.

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Heard the submissions of the learned counsel for the petitioner and of learned Additional Public Prosecutor representing the respondent-State. Perused the material record.

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Learned counsel for the petitioner submits the petitioner is the proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he was brining black jaggery for the purpose of his business, the same was seized under the cover of mediator’s report. He further submits that even on consideration of the entire averments in the mediators report, which lead to registration of the subject crime, the petitioner only allegedly indulged in transportation of black jaggery. As per G.O.Ms.No.149, Revenue (Excise-II) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He also has drawn the attention of this Court to the earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.P.No.52 of 2010, dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed.

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Learned Additional Public Prosecutor fairly states that the matter is a covered matter.

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Having regard to the facts and submissions and the legal position, this Court is of the considered view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner.

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In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed.

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As a sequel thereto, miscellaneous petitions, if any pending, shall stand closed.

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________________ J. UMA DEVI, J Date:19.02.2020, Gk.

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HON'BLE MS. JUSTICE J. UMA DEVI

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CRIMINAL PETITION No.7742 OF 2019

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19.02.2020

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