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 and set aside the proceedrngs in CC.No.670 oi ZOtg on the file of the Honble Chief Metropolitan Magistrate, at Nampally Hyderabad against petitioner/Accused No.3 by allowing the Criminal petition. l.A. NO: 2 OF 2025 Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to stay all further proceedings in cc.No.670 of 2019 on the file of the Hon'ble Chief Metropolitan Magistrate, at Nampally Hyderabad against petitioner/Accused No.3 pending disposat of main Criminal petition. This Petition coming on for hearing, upon perusing the Me{norandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. S. Ramchandra Reddy, Advocate for the Petitioner and the lvlr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Sole Respondent. The Court made the following: ORDER / THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITIO N No.4177 of 2025 i ORDER: This Criminal Petition is filed seeking quashment of the proceedings in C.C.No.670 of 2018 on the file of learned Chief Metropolitan Magistrate, Nampally, Hyderabad, against the petitroner 2 The petitioner is arrayed as accused No.3 in C C No.670 of 2018 for the offences punishable under Sections 5, 6(A) 7 read with Section 2O(2), 22, 24(1) of The Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short the Act') and Section 420 of lndian Penal Code, '1 860 (for short rP c'). 3 Heard Mr S.Ramchandra Reddy, learned counsel for the petitroner and Mr.Jithender Rao Veeramalla, learned Additional Publrc Prcsecutor, representing the respondentState 4. The prosecution case in brief is complainant/Additional lnspector of Police. Chandrayanagutta that. the Police Station, on relevant date, on receipt of credible rnformation of sales of prohibited tobacco products in the Pan Shops conducted surprrses rn Rumam Pan Shop, Chandrayangutta X Road. the 2 petitioner/accused No.3 was found in possession of 9 numbers of hookah pots and retailing them by procuring from Prince Novelties, Begum Bazar, Hyderabad. Accordingly, charge sheet has been filed against the petitioner.

5. Learned counsel for the petitioner would submit that earlier this Court in the self same Calendar Case had considered the petition for quashment by accused Nos.8 to 11 and passed an order holding that the provision would not cover the allegations against the petitioners, quashed the proceedings against them. The petitioner also stands in the similar position, hence prayed for granting similar relief.

6. Learned Additional Public Prosecutor would fairly admit that in the same Calendar Case the petition filed bv the other accused has been considered by this Court and quashed the proceedings against them. 7 . I have perused the materials on record

8. As per the charge sheet, the petitioner/accused No.3 was found in possession of hookha pots. Hokha pot is a water pipe, which used for smoking tobacco or other substances i e the smoke passes through a water pipe before being inhaled. Thus. basically hookha pot is an instrument used in consumption of tobacco but not . per se tobacco product J ln the alleged offences, Section 5 of the Act deals with 9. prohibition of advertising of cigarettes and other tobacco products' Section 6 prohibits sale of cigarettes and other tobacco products to a person under the age of eighteen years and in particular area; whereas Sectron 7 restricts sale, trade of tobacco unless every packet of cigarette or tobacco product contains specified warning; Section 20t2) prescribes punishment for failure to give specified warning of nicotine and tar contents; Section 22 speaks about punishment for advertisement of cigarettes and tobacco products and Section 24 of the Act is also states that punishment for sale of cigarettes or any other tobacco products in certain places or to persons beicw the age of eighteen years' Further' Section 420 of IP.C. deals wrth cheating and dishonest inducement of delivery of property .1 0 The essentials of Sections of Law proposed for prosecution case agarnst the petitioner when iuxtaposed with the pleadings of the prosecutron rn the charge-sheet, it shall be held that no aspect is prima facte meeting the essentials and there is no allegation that the petitroner cheated or dishonestly induced any person for deiivering the property lv'lore sc, there is no legal provision proposing banning saie of hookah pots. Further, in the charge-sheet it has been asserted that accused Nos.8 to 11 are the kingpins and distributing ( { 4 the prohibited products. However, as noted above, in the Crl.P.Nos.5577 of 2Q23 and 9605 of 2024, the Coordinate Bench of this Court had quashed the Calendar Case proceedings against the petitioners therein.

11. That being the position and in the absence of any fact or circumstance making the petitioner liable for prosecution and as the proceedings against the principal offenders in the Calendar Case have been quashed, continuance of proceedings against the petitioner/accused No.3 in the Calendar Case would be abuse of process of Law. Accordingly, this Criminal Petition deserves positive consideration. 12 Resultantly, the Criminal Petition is allowed. The proceedings agarnst the petitioner/accused No.3 in C.C.No.670 of 2018 on the file of Chief Metropolitan Magistrate, Nampally, Hyderabad, are hei-eby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/-MOHD. ISMAIL DEPUTY REGISTRAR SECTION OFFICER To, ,1 2 The Chief Metropolitan Magistrate, at Nampally H erabad The Station House Officer, Chandrayanagutta Police District. Station, Hyderabad CitY

3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUTI

4. One CC to Mr. S. Ramchandra Reddy, Advocate [OPUC] 5. Two CD Copies kanrc- ./@// HIGH COURT DATED:2710312025 ORDER CRLP.No.417T of 2025 $E sTA r€: 0 4 .tult 2025 z o l <\ t a)FstA'rC ALLOWING THE CRIMINAL PETITION t. a) v I