High Court · 2025

I The State of Telangana' Rep by its Public Prosecutor' High Court for the ' sia-te oi ielangana-HYderabad' 2. The Sub lnspector of Police' AJ tvlills Colony Police Station' Warangal Dist- ...RESPONDENTS/COMPLAINANT petition under section 528 of BNsS.pr.ryilo that in the circumstances stated in the Memorand';?;-t;';;;oic-'irn'"t,F"tition' the Hish Court mav rrq u9' 1.oo of 2025 on the file of AJ be pleased to quash th"'p';;;i;;ti' i,r]'rl'b"i.""Fo-il". st'tio'i, w""ngit District against the Petitioner ' I.A. NO:2O F 2025 Petition under Section 528 of BNSS p,.,yilg that in the circumstances stated in the Memorandu'n? 6'tl'iit t'rc1*i1ir Fetition' the High Court mav H'fiff= C.olonv Police Station' Warangal be oleased to direct tn" worth Rs 11'000/-)' Disirict to rerease th" pr;;fi;";j'J.r sszo (1'l0 2\ v-1 (45 Packets *"'r{;"tt:i';;ol-el- r"rit'l .(6 Packets worth 3'000/-)' ai R.R (+o Packets *"'t' zii'odoj-i'*n1"1-'1'9'" Total worth Rs'36'250i- seized in rin uo. 100 of 2025 o"'ir't" tiJ'"i AJ Mills colony Police station' warangal bili,i"ii" irro, or the petitioner/Accused '"Jpoi'U""itl-nL .packets ThisPetitioncomingonforhearing,uponperusingtheMemorandumof Grounds of Criminal Petition and upon hearing the arguments of Mr Y' Bala Murali, Advocate for the Petitioner and Mr Jithender Rao Veeramalla' Additional public prosecutor, High court for the state of rerangana, Hyderabad on beharf of the ResPondents. The Court made the following: ORDER: I I I I ,,{. ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETI Tto N No.3886 O F 2025 This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023,) seeking quashment of the proceedings against the petitioner in crime No.100 of 2025 ot AJ tVlills Colony police Station, Warangal District. 2 The petitioner is sole accused in Crime No.100 of 2O2|registered for the offences punishable under Section s 272 275 of Bharatiya Nyaya Sanhita ,2023 (for short ,BNS, 2023,)

3. Heard Mr- Y.Bala [Iurali, learned counsel for the petitioner and t\/r.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioner/accused involved in selling and purchasing the banned robacco products and the Police concerned have seized the said Tobacco products worth of IS Rs.36,250i- from his possession. 5 Learned counser for the petitioner wourd submit that a coordinate Bench of this cour-t vrde criminar petition Nos.6235 of 2o22and Batch, on considering sinlilar allegations and the merits, quashed the l l l l I I l I I i i I i : i l j I I 2 NTRI Cr/.P.N0i686 oJ 2025 proceedings against the petitioners therein' He further submits that the 2nd respondent has registered the present crime in violation of the orders passed by this Court Hence' prayed for quashment of the proceedings against the petitioner 6. Learned Additional Public Prosecutor would submit that the petitioner has been found with Tobacco products and investigation is pending. However, fairly admitted that in the authority cited by the petitioners in the similar circumstances' the proceedings against the petitioners therein were quashed' I have perused the materials on record'

7. B. As per the prosecution' on 'islz2ozs at 19'00 hours' the complainanVHead Constable' AJ Mills Colony Police Station' lodged a complaint alleging that the petitioner is running a kirana shop at Shivanagar, Warangal' and retailing tobacco products by procurtng from unknown persons at Beedar of Karnataka State' and seized tobacco products 1) J'K 3320 (110 packets worth Rs'1 1'000/-)' 2) V-1 (45 packets worth Rs'2'250/-)' 3) Miraj (6 packets worth Rs 3'0001)' 4) R.R. (40 packets worth Rs'20'000/-)' which were total worth of Rs.36,2501 from the possession of the petitioner under the cover of panehanama i I I l I i I i I l i I I I i i l 1 I ; i I l I l ; a I 3 \ rR,i C ri- P.1., o. ) I 8 6 of .. 02 i 9 lt is peftinent to note that the rerated Notification No.501/FSS/l/2022 dated 07.012022, prohibiting manufacturing, storing, distribution, transportation and sare of gutka and pan masara in the entire State of rerangana, has been stayed by the Hon'bre supreme court of lndia in shri venkateshwara Traders v..state of rerangana and others vlde SLA No20441 of 2021 with SLp(C) No..1656 of 2022 Thereafter, the Director General of police, Telangana State, issued circular Memorandum in RC.No 295/R1-NS/2o22with directions to the station House officers not to interfere with the business activities, who \ carry out the business as per rules of Food Safety and Standards Authority of lndia and arso not to take any coercive measures against the tobacco traders as rong as the order of the Hon'bre Supreme court t I is in force.

10. Having regard to similar factual position in the criminal petition relied on by the petition er vide crr.p.No 6235 of 2022 herd that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 188, 269, Z7O, 272,273, 278,328 read with Sections 511, 336,409 and 420 of I.p.C., cannot be maintained and quashed the proceedings against the petitioners therein.

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 272,275 of : t , I I I I 4 NT]1,/ Crl.P.No38116 a.f 2025 BNS, 2023 As noted above, the conclusions drawn in the earlier criminal petition are squarely measurlng present petition' For that reason' the proc stand unsustainable Accordingly' this eedings against the Petitioner Criminal Petition deserves up the Predicament in the positive consideration'

12. Resultantly' the Criminal Petition is allowed The proceedings against the petitioner/accused in Crime No'100 of 2025 of AJ Mills Colony Police Station' Warangal' are hereby quashed' Pending miscellaneous applications' if any' shall stand closed' ,,TRUE COPY// SD,- L. VIJAYA LAXMI ASSISTANT REGIST AR sEcnff FFICER \ \l to'',- ,n. lAdditional Judicial Magistrate of First Class' Warangal' 2, The The Station nouse Otficer' nJ Mills Colony Police Station' Warangal Dist 3. One CC to Sri Y Bala Murali' Advocate IOPUCI 4 Two CCs to the-PuUlic Prosecutor' High Court for the State of Telangana' . HYderabad [OU ll 5 Two CD CoPies t./ 'PSK/gh 1 I ! I I I I I 1i t' i 1; I :l l I : I HIGH Court DATED:27 t13t2}2s l I I I ()- \ \ ORDER CRLP.No.38B6 of 2025 7_:="--':=:\ ,i|r"t' " --'ril\ i ":' /: ) .2 a' 11 SEP 206 .i.- '1 ! i ,.-) o I /l 4 ALLOWING THE CRIMINAL PETITION