The High Court · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No. 371 ot 2024 on the file of Malakpet Police Station, Hyderabad District against the Petitioners. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents/ Malakpet Potice Station, on the file of Malakpet Police Station, Hyderabad District to release the property 1) Peacock brand cigarettes - '1 carton (Each carton contains 70 packets, each packet contains 10 boxes), total worth Rs 70,OOO|-.2) Don brand cigarettes - 7 cartons (Each carton contains 50 packets, each packet contains 10 boxes) total worth Rs. 3,50,000/-.3) Paris brand cigarettes - 4 cartons (Each carton contains 50 packets, each packet contains 10 boxes), total worth Rs. 2,00,0001.4) Win brand cigarettes - 3 cartons (Each carton contains 50 packets, each packet contains'10 boxes), total worth Rs. 1,50,000i-.The total value of the seized items is Rs. 7,70,0001 on the file of Malakpet Police Station, Hyderabad District in favor of the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bala Murali y, Advocate for the Petitioners and Sri Jithender Rao veeramalla, Additional public Prosecutor on behalf of the Respondent No.1 . The Court made the following Order : I THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETI Tto N No.1354 ot 2025 ORDER This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS') by the petitioners-accused Nos' 1 to 4 to quash the proceedings against them in FIR No.371 of 2024 of P S' Malakpet' Hyderabad, registered for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS')(previously Section 42O of IPC) and Section 20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce' Production, Supply and Distribution) Act (for short'COTP Act')'

2.HeardSriY.BalaMurali,learnedcounselforpetitioners andSriJithenderRaoVeeramalla,learnedAdditionalPublic Prosecutor for the State-res po nd ent.

3. Basing on the complaint dated 05.102024 thal lhe ::*.,"#:.:::"":' ;",:::::":,T:::::,:':::: No.3, which were supplied fV Oetitioner/accused No 4' a case in Crime No.37 1 of 2024 was registered against them for the aforesaid offences 2

4. Learned counsel for petitioners submits that the petitioners are innocent and they are in no way concerned with the offences alleged. The ingredients of the offences alleged are not at all attracted against the petitioners. He further submits that in similar circumstances, this Court has quashed the proceedings against the petitioners therein in number of cases. Hence, he prayed to quash the proceedings agarnst the petitioners.

5. On the other hand, learned Additional public prosecutor fairly submits that in similar circumstances, this Court has quashed the proceedings against the petitioners therein in number of cases 6 For the sake of convenience, Section 42O of lpC and Section 20 (2) ot the COTp Act are extracted hereunder "42O. Cheating and dishones y inducing delivery of property.- Whoever cheats and thereby dishones y induces the person de.ceived to detiver any propefty to any person, or to make, alter or destroy the whote or any paft of a valuable security, or-anything which is signed or sealed, and which is capable of being converted into a valuable security, shalt be punished with imprisonment of either descriptiin for a term which may extend to seven years, and shallalso be tiable to fine., 2O(2) Any person who se//s or distributes cigarettes or tobacco products which do not contain eitie,r in tne package or on their tabet, the specified *arning Jnct the nicotine and tar contents sha in ihe case or tilst-cJnviction be punishable with imprisonment for a term, which may - 3 extend to one year, or with fine which may extend to one thousand rupees, or with both, and' for the second or subsequent conviction, with impisonment for a term which may extend to two years and with fine which may extend to three thousand rupees. " lt is not the case of the prosecution that the person so

7. deceived was induced to deliver any property or to do any other acts falling within the ambit of Section 318(4) of BNS (previously 42O of IPC). Since the contents of the complaint do not attract the ingredients of offence under Section 318(4) of BNS (previously 42O of IPC), the proceedings against the petitioners for the said offence are liable to be quashed. I { Section 20 of COTP Act deals with punishment for failure

8. to give specified warning and nicotine and tar contents' ln the complaint, since there is no allegation that the seized products do not contain the labels as well as statutory warning, the offence under Section 2O(2) of the COTP Act is not made out against the petitioners and the same is also liable to be quashed' ln view of the aforesaid discussion, the continuation of 9. the proceedings against the petitioners amounts to abuse of process of law and the proceedings against the petitioners/ accused Nos. 1 to 4 in FIR No371 of 2024 of P.S. Malakpet, Hyderabad, are hereby quashed The petitioners-accused Nos' 1 to 4 are at liberty to file appropriate application before the trial t 4 Court for return of seized property. On such application being filed, the trial Court is directed to release the seized property to the petitioners on proper acknowledgment '10 Accordingly, this Criminal petition is allowed As a sequel, pending miscellaneous applications, if any, shall stand closed. Sdr..A.V.S. PRASAD ASSISTANT REGISTRAR //TRUE COPY// ,\' I ! S CTION OFFICER To, 'l.TheVllAdditionalChiefMetropolitanMagistrateatNampallyHyderabad 2. The Station House Officer, Malakpet PS' Hyderabad District 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

4. One CC to Sri Bala Murali Y, Advocate [OPUC] 5. Two CD CoPies 0( HIGH COURT DATED:31 10112025 ORDER CRLP.No.1354 of 2025 1 F:H J )h Y ; 1t FrB wfr ( ),z C Di- .:-.r^Tr,tf-11 ALLOWING THE CRLP a (- $