Sri Grandhi Veerabhadra Rao vs. The State Of Andhra Pradesh

Held

The Court considered the rival submissions and, placing reliance on the Division Bench decision of this Court in W.P. No. 12429 of 2022, deemed it appropriate to dispose of the Writ Petition. The Court directed the respondents to release the jaggery seized from the petitioner. This release is conditional upon the petitioner furnishing a personal bond equivalent to the value of the seized jaggery. The Court also clarified that it is open to the respondents to proceed in accordance with law against the petitioner. The issue of whether the seizure was legally sustainable under the A.P. Prohibition Act was not explicitly decided on merits, but the relief of release was granted based on precedent and the perishable nature of the goods.

Facts

The petitioner, Sri Grandhi Veerabhadra Rao, a jaggery trader with valid GST and Food Safety registrations, is challenging the seizure of 17,919 KGs of jaggery. The seizure was made by officials of the State of Andhra Pradesh in connection with FIR No. 98 of 2025, dated April 21, 2025, for alleged offences under Section 7-B read with Sections 8-A & B of the A.P. Prohibition Act, 1995 (Amended 2020). The petitioner contends that the possession and sale of jaggery do not constitute an offence under the AP Excise Act and that the seized jaggery, being a perishable item, has been lying with the respondents since April 21, 2025. The petitioner seeks the release of the seized stock.

Key Issues

1. Whether the seizure of jaggery by the respondent authorities in connection with FIR No. 98 of 2025, under the A.P. Prohibition Act, 1995, is legally sustainable, considering the petitioner's contention that jaggery is agricultural produce and its possession/sale is not an offence under the AP Excise Act? Petitioner's arguments: The petitioner argued that jaggery is treated as agricultural produce and that they possess valid GST and Food Safety registrations. They contended that the possession and sale of jaggery do not fall under the purview of the AP Excise Act. The petitioner also highlighted that the seized jaggery is a perishable commodity and has been in possession of the respondents since April 21, 2025. Reliance was placed on a Division Bench decision of the High Court in W.P. No. 12429 of 2022. Respondent's arguments: The judgment does not record any specific arguments made by the respondents.