IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH : HYDERABAD MONDAY, THE EIGHTH (8TH) DAY OF NOVEMBER TWO THOUSAND AND TEN Present: HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11064of 2010 Between: Lingampally Subba Rao … Petitioner And: The State of A.P., through SHO, Proh. & Excise Station, Madhira, Khammam district & another … Respondents HON’BLE SRI JUSTICE G.V.SEETHAPATHY Criminal Petition No.11064 of 2010 ORDER: This criminal petition is filed under Section 482 Cr.P.C. seeking to quash further proceedings in C.O.R.No.617 of 2010-11 registered against the petitioner for the offence under Section 34(e) of A.P. Excise Act by the Prohibition and Excise Station, Madhira, Khamam district. 2. Heard both sides. Perused the record. 3. Even according to the prosecution, the item seized from the shop of the petitioner is a black jaggery, possession of which is admittedly not prohibited under the provisions of the Excise Act. Learned counsel for the petitioner relied upon the earlier decisions of this Court in number of similar cases and filed copies of the said orders, wherein, it was held that mere possession of black jaggery does not constitute an offence under the provisions of the Excise Act. The present case is also covered by the said orders passed earlier in several other similar cases. 4. In the circumstances, as the article seized is not prohibited under the Excise Act, further proceedings in C.O.R.No.617 of 2010-11 of Prohibition and Excise station, Madhira are liable to be quashed and they are accordingly quashed. 5. In the result, the criminal petition is allowed. ____________________ G.V.SEETHAPATHY, J Date: 08.11.2010 bss