The High Court · 2025

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.

2. The Sub-lnspector of Police, Damera Police Station, Warangal Dist. RespondenUAccused-2 ...RespondenUComplainant 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. 37 ol 2025 on the file of Damera Police Station, Warangal District against the Petitioner l.A. NO: 2 OF 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/ Damera Police Station, Warangal District to release the property 1)Amber Tobacco Packets 17x2500=42,500/-, 2)M Gold packets 17x1O00=17 ,000/-,3) Anar Tobacco packets 69x500=34,5001, 4)Meeraj Tobacco packets 03x500=1500'1-, 5)n( 3320 Tobacco packets 257x 150=38,5501-, 6)Vl Tobacco packets 5x2600=13,000/-, 7)RR Tobacco packets 18x500=9,000/, 8)RR Fg packets 41x5O=20201- and 9) Swagath Gold packets 4x500=20001- Total worth of Rs.1,60,100/- seized in FIR NO. 37 of 2025 on the file of Damera Police Station, Warangal District in favor of the petitioner/Accused no.1 This Petition coming on for hearing, upon perusing the lt/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocal.e for the Petitioner and the Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the Respondent No. 2. The Court made the, following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL P ETITION No.388 7 0F 2025 ORDER This criminar petition is fired under section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings against the petitioners in crime No.37 0f 2025 of Damera police Station, Warangal District.

2. The petitioners are arrayed as accused Nos l and 2 in crime No.37 of 2025 registered for the offences punishable under Sections 272,275 of Bharatiya Nyaya Sanhita , 2023 (for short ,BNS, 2023,). 3 Heard tVrr. y.Bara rearned counser for the petitioners and I\4r'Jithender Rao Veeramara, rearned Additionar pubric prosecutor, 't4urari, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused Nos.1 and 2 are involved in selling and purchasing the banned Tobacco products and -the police concerned have seized the said Tobacco products worth of Rs 1,60,.100/- from the possession of 1.r petitioner.

5. Learned counsel for the petitioners would submit that a coordinate Bench of this court vide criminar petition Nos.6235 of 2022 and Batch, on considering similar allegations and the merits, quashed --> L 2 .\ 7R,/ Clr,'. P..\ n. 3I81 ol l(12i the 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 petitioners.

6. Learned Additional Public Prosecutor would submit that the petitioners have 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.

7. I have perused the materials on record

8. As per the prosecution, on 04.03.2025 at 19.00 hours, the complainanVHead Constable, Damera Police Station, Iodged a complaint alleging that 1"t petitioner is running a kirana shop at Oorugonda Village, and retailing tobacco products by procuring from 2nd petitioner and seized tobacco products 1) Amber Tobacco packets (17X2500 = Rs42,500/-),2)tt/ Gold Packets (17X1000 = Rs.17,000/-), 3) Anar Tobacco Packets (69X500 = Rs.34,500/-), 4) Meeraj Tobacco Packets (3X500 = Rs '1 ,500/-), 5) JK 3320 Tobacco Packets (2S7X1SO = Rs.38,5501),6)V1 Tobacco Packets (5X2,600 = Rs.'13,0001) 7) RR Tobacco Packets (18X500 = Rs.9,000/-), B) RR F9 packets (4.tX50 = Rs.2,050/-) and 9) Swagath Gold Packets (4X500 = Rs.2,000/-), which 1 ---,..1 3 .\ rR./ ( r, lt \n )ltll ar'O)i were total worth of Rs.'l ,60, 1001 from the possession of the 1't petitioner under the cover of panchanama

9. lt is pertinent to note that the related Notification No.501/FSS/|/2022 dated 07 01 .2022, prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the entire State of Telangana, has been stayed by the Hon'ble Supreme Court of lndia in Shri Venkateshwara Traders y. Stafe of Telangana and others vlde SLA No.20441 of 2021 with SLP(C) No.'1656 ot 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No.295/R1-NS/2022with 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 i i I I Authority of India and also not to take any coercive measures against the tobacco traders as long as the order of the Hon'ble Supreme Court is in force.

10. Having regard to similar factual position in the Criminal petition relied on by the petitioners yrde Cd.P.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 1BB, 269, 270, 272, 273,27g,328 read with Sections 511, 336,409 and 420 of l.p.C, cannot be maintained - and quashed the proceedings against the petitioners therein. 4 \ /t{./ (.i.i.I).,\o. j I t :- ,t-t' 202 t \- \ I I 1 1 . ln the rnstant petition, the prosecution for possession and allegation of sale arraigned the offences under section s 272, 27s of BNS, 2023. As noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition For that reason, the proceedings against the petitioners stand unsustainable deserves positive consideration. Accordingly, this Criminal petition

12. Resultanily, the Criminal petition is allowed. The proceedings against the petitioners/accused Nos.'l and 2 in crime No.37 0f 2025 0f Damera Police Station, Warangal, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// . SD/. A.V.S. PRASAD , \DEPUTY REGISTRAR \\. \ \ sEcTroN OFFTCER I \ L

1. The Addl. Judicial 2. The Station House 3, One CC to SRt BA 4. Two CCs to the pu louTl

5. Two CD Copies First Class Magistrate at Parka Officer, Da mera Police Station , Warangal LA MURAL IY Advocate [OPU ul blic Prosecutor High Court of Telangana at Hyderabad SItI/qh 4( I I HIGH COUR.T DATED: 2710312025 ORDER CRLP.No.3887 of 2025 rSE I e 1Hs Jur{ 26 17 ?,' ) o t) E S (_O T c /J o .Jv ALLOWING THE CRIMINAL PETITION @ la{