Allowed¶46

Mahankali Naveen v. The State of Andhra Pradesh

Andhra Pradesh HC2 Jul 2026CRLP/5072/2026

Case brief

AI extract

What is this about?

Quashment of excise crime/FIR; black jaggery transportation; Andhra Pradesh Prohibition Act, 2020, S.7(B) r/w 8(A)&(B); covered matter doctrine; earlier orders Crl.P.Nos. 6911/2019, 7742/2019, 4826/2020, 7593/2021; G.O.Ms.No.149 Revenue (Excise-II) Dept. dt. 18.04.2017 (black jaggery = agricultural produce); A.P. Prohibition Act 1995 S.34(e); GUR (Regulation of Use) Order 1968 S.3; Jangaredigudem Prohibition and Excise Station, Eluru District; petition under S.437/438/439/482 Cr.P.C and S.528 BNSS; Justice Maheswara Rao Kuncheam; non-reportable; decided 03.07.2026.

What did the court decide?

Quashing of the proceedings pending against the petitioner/accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District; all pending applications closed as a sequel. ¶46

Mahankali Naveen Vs The State of Andhra Pradesh — Bail and Remand | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Quashing of the proceedings pending against the petitioner/accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District; all pending applications closed as a sequel.

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Issue for consideration

Whether the criminal proceedings pending against the petitioner/accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District, registered for offences under Section 7(B) read with 8(A)&(B) of the Andhra Pradesh Prohibition Act, 2020, should be quashed.

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Court's answer

Following this Court's earlier orders in Criminal Petition No.7742 of 2019 (dated 19.02.2020) and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration the facts and circumstances of the case, the criminal petition is allowed by quashing the proceedings pending against the Petitioner/Accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District, registered for offences punishable under Section 7(B) read with 8(A)&(B) of the Andhra Pradesh Prohibition Act, 2020.

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Ratio / Principle

As a sequel to the quashing of the proceedings, all pending applications shall stand closed.

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Detailed headnote1 paragraphs

High Court of Andhra Pradesh at Amaravati (Special Original Jurisdiction), single bench of Justice Maheswara Rao Kuncheam; Criminal Petition No. 5072 of 2026, pronounced 03.07.2026; marked non-reportable. Mahankali Naveen (petitioner/accused), through counsel G. Venkateswarlu, sought quashing of Crime No.9 of 2026 (FIR No. 09/2026) of Jangaredigudem Prohibition and Excise Station, Eluru District, registered for offences punishable under Section 7(B) read with 8(A)&(B) of the Andhra Pradesh Prohibition Act, 2020 (Second Amendment Act, 2020); petition filed under Sections 437/438/439/482 Cr.P.C and Section 528 BNSS, with IA No.1 (dispense with certified copy of FIR) and IA No.2 (stay of further proceedings including arrest). Learned counsel for the petitioner submitted, and the learned Assistant Public Prosecutor (Sri Neelothpal Ganji) acceded, that the matter was squarely covered by this Court's earlier orders in Criminal Petition Nos. 6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021 (decided 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021). The Court extracted for reference its order in Crl.P.No.7742 of 2019, wherein proceedings under Section 34(e) of the A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968 arising from seizure of black jaggery were quashed on the footing that, per G.O.Ms.No.149, Revenue (Excise-II) Department, dated 18.04.2017, black jaggery is an agricultural produce and penal provisions are not attracted. Following those orders, the Court allowed the criminal petition and quashed the proceedings in Crime No.9 of 2026; all pending applications stood closed as a sequel.

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Date of reserved for orders :

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Date of pronouncement : 03.07.2026 Date of uploading : 03.07.2026

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APHC010316882026

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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[3504]

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FRIDAY, THE 3^rd DAY OF JULY 2026

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PRESENT

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5072/2026

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Between:

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MAHANKALI NAVEEN, S/O RAYUDU, AGED ABOUT 30 YEARS, OCC BUSINESS, RAYUDU GENERAL STORESJANGAREDDYGUDEM TOWN AND MANDAL, ELURU DISTRICT.

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...PETITIONER/ACCUSED

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AND

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THE STATE OF ANDHRA PRADESH, THROUGH S.H.O.JANGAREDDIGUDEM PROH. AND EXCISE STATION,ELURU DISTRICT, REP. BY ITS PUBLIC PROSECUTOR,HIGH COURT, AMARAVATI.

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SNS SUBRAHMANYAM, PROH. AND EXCISESUB-INSPECTOR, JANGAREDDYGUDEM ELURU DISTRICT

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...RESPONDENT/COMPLAINANT(S):

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Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court pleased to call for the records relating to the FIR No. 09/2026 on the file of the Jangaredigudem Proh. and Excise Station, Eluru District and quash the proceedings thereon

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IA NO: 1 OF 2026

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Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the certified copy of the FIR No 09/2026 on the file of the Jangaredigudem Proh. and Excise Station, Eluru District, in the interests of justice

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IA NO: 2 OF 2026

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Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings including the arrest of the petitioner in FIR No. 09/2026 on the file of the Jangaredigudem proh. and Excise Station, Eluru District, pending disposal of the Criminal petition

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Counsel for the Petitioner/accused:

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1.G VENKATESWARLU

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Counsel for the Respondent/complainant(S):

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1.PUBLIC PROSECUTOR

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The Court made the following:

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THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 5072 of 2026

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ORDER:-

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The present criminal petition has been filed to call for the records pertaining to Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District and to quash the same.

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Heard Sri G.Venkateswarlu, learned counsel for the Petitioner and Sri Neelothpal Ganji, learned Assistant Public Prosecutor for the State.

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It is submitted by the learned counsel for the Petitioner and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively.

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For ready reference the order passed in Criminal Petition No.7742 of 2019 is extracted hereunder:

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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

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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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Hence, following the said Orders passed by this Court in Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings pending against the Petitioner/Accused in Crime No.9 of 2026 of Jangaredigudem Prohibition and Excise Station, Eluru District

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registered for the offences punishable under Section 7(B) read with 8 (A)&(B)

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of Andhra Pradesh Prohibition Act, 2020 (Second amendment Act, 2020).

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