Andhra Pradesh High Court – Amravati
Jaldu Jaya Lakshmi vs The State Of Andhra Pradesh And Others on 12 June, 2025
APHC010282362025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI
(Special Original Jurisdiction)
THURSDAY ,THE TWELFTH DAY OF JUNE
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 14253/2025
Between:
Jaldu Jaya Lakshmi ...PETITIONER
AND
The State of Andhra Pradesh and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1. BABUJI TENNETI
Counsel for the Respondent(S):
1. GP FOR PROHIBITION EXCISE
The Court made the following order:
Heard learned counsel for the petitioner and learned Government
Pleader for Prohibition & Excise for the respondents.
2. The petitioner is engaged in the business of purchase and sale of
jaggery.
2
KM,J
WP_14253_2025
3. It is contended that the 3rd respondent inspected the shop of the
petitioner on 26.04.2025 and seized jaggery weighing 3240 Kgs. Thereafter
Crime was registered in Crime No.207 of 2025 under the provisions of Section
7(B) r/w 8(A) of A.P. Prohibition Act, 1995 (Amendment) Act 2020 r/w 34(e) of
A.P.Excise Act, 1968 r/w Section 4 of Gur Regulation Order – 1968.
4. Learned counsel for the petitioner submits that in view of
G.O.Ms.No.1929, dated 27.12.2006, which exempts sale of jaggery from
payment of tax, no license is required for doing business in purchase and sale
of jaggery. He further submits that the Government vide Memo, dated
20.12.2010 has also recognized the jaggery as agricultural produce.
5. Learned counsel for the petitioner relying on the decision of this
Court in WP.No.12429 of 2022 prays for release of the seized stock.
6. Perused the record. Considered the rival submissions.
7. This Court in WP.No.12429 of 2022, placing reliance on the
decisions of the High Court of Telangana has taken a view that mere
possession and transportation of black jaggery is not an offence. The said
decision of the learned single Judge has been confirmed by the Division
Bench vide order, dated 21.07.2022 in WA.No.596 of 2022.
8. Having regard to the same, this Court deems it appropriate to
dispose of the writ petition with the following directions.
3
KM,J
WP_14253_2025
9. The Writ Petition is disposed of directing the respondents to
release the jaggery seized from the petitioner in connection with F.I.R.No.207
of 2025 of the Prohibition & Excise Station, Chintalapudi, Eluru, upon
furnishing of personal bond for value of the jaggery seized. The said release
shall be subject to the result of the confiscation proceedings in F.I.R.No.207 of
2025. No order as to costs.
Miscellaneous applications pending, if any, shall stand closed.
_______________________________
JUSTICE KIRANMAYEE MANDAVA
Date: 12.06.2025
Note: Issue CC by 13.06.2025
(B/o)
Vjl
4
KM,J
WP_14253_2025
05
THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 14253 of 2025
12.06.2025
Vjl