High Court · 2025

1. The State of Telangana' F"q Uy its Public Prosecutor' High Court for the ' si"'tJoif"rangana HYderabad' 2. fhe Sub-lnspector of Police' Bhadrachalam Town Police Station' Bhadradri Kothagudem Distrlct' ...RESPON DENT/COMPLAINANT Petition under Section 528 of BNSS' praying that in the circumstances statedintheMemorandumofGroundsofCriminalPetition'theHighCourtmay be pleased to quash the proceedings in FIR NO' 74 of 2025 On the file of Bhadrachalam Town Police Station' Bhadradri Kothagudem District against the Petitioner t.A. NO:2OF 2025 Petition under section 528 of BNSS, praying that in the circumstances stated in the M6niorandum of Grounds of Criminal Petition' the High Court may be pleased to direct the respondents / Bhadrachalam Town Police Station' Bhadradri Kothagudem District to release the property 1) Ganesh Tobacco sachets- 40Oo(10-4OOo) =4O,0OO/-, 2) Mind free Tobacco sachets-2000(10-2000) =2O,OOO]-, 3) Nevla Tobacco sachets-8460(10"8460)= 84600/-, 4) RR Tobacco sachets-315o(10"3150)= 315O0/-, total seized Gutkha value is Rs'1'76'1001 Seized in FIR lJC. 24 c thadradri Kothzrgrrde,nr tf 2025 on the file of Bhar District in favor oftr,e p"til,.'#lam -rowrr porice station, This petilion co.ning on for hearing, upon Grounds of crinriral Fetition .rn ,,^^^ m:::** ;::":::::,:":H;:Tili: ".s( Appeared ror the Re,spon;I ffi; ;; ;; ;:'JTlIli i'j iTYt.l ttre [\lemorandum me,,s ,; ;;;;";^* "^1^"pun .perusing The Court made the fo tlrlyylrn, ORDER // n -i/ THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4473 oF 202s ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tot short 'BNSS' 2023') seeking quashment of the proceedings against the petitioner in Crime No'74 of 2025 of Bhadrachalam Town Police Station' Bhadradri Kothagudem District.

2. The petitioner is sole accused in Crime No 74 of 2025 registered for the offences punishable under Sections 272' 275 of Bharatiya Nyaya Sanhita,2023 (for short'BNS' 2023')

3. Heard Mr. Y.Bala Murali, learned counsel for the petitioner and tvlr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the resPondents'

4. The prosecution case in brief is that the petitioner/accused is involved in selling and purchasing the banned Tobacco products and the Police concerned have seized the said Tobacco products worth of Rs.1,76,100/- from his Possessron Learned counsel for the petitioner would submit that a Coordinate 5. Bench of this Court vrde Criminal Petition Nos'6235 of 2O22 and Batch' 2 \,7-?t. / ( tt P.\0.11: ) o/ 202 j on considelng similar allegations and proceedings itqitiilst the petitioners therein. the merits, (luashed the He further sut:nrits that the 2nd respon,Jent l-as registered the present crime in vioration of the orders pas,seC l>v this Court. Hence, prayed for quashnrent of the proceeding:; aga irrst the petitioner. 6 Learneci ^crditionar pubric prosecutor wourd s;ubr,rit that the petitioner h;rs be en found with Tobacco products and inv,;r;tigation is pending r"rolv€:rr€rr. fairry admitted that in the autho.ty cited by the petitioners i, he similar circumstances, the proceedings a Sainst the petitioners th ereir r,vere quashed. 7 I have pe,ru:;r:d the materials on record .r r;pector complainant/{iu b_ I Station, lodgt:d a r:omplaint B. As per' he prosecution, on 22.03.2025 at 13.10 i.rr>urs, the of Police, Bhadrachalam To,vt.r police alleging that the petitioner. is rrlnning a Fancy Store art t3hirdrachalam and in a shutter situated at the track side of Building bearing tl No.8-1-74 he has been retairing tobacc. products by procuring f'orn ()rlisha and chhattisgarh states, and s,:ize,J tobacco products 'r ) Gan=srr Tobacco sachets - 4000 (10 X a000=Rs 40,000/-) 2) ftlind Free Tr>brrc:co Sachets_2000 (.10 X Nevla Tobacco Sa,:hets _ g460 (10 X S460 = Rs.84,6t)oi-) 4) R.R. Tobacco.sacherts -.3,i50 (10 X 3,150 = Rs.31,500/_), which vve,re total 2000 = Rs 20,t){)0A), 3) J \ \ 3 N7R'/ (:r/.P.Xa.{|7 ) 01 202' worth of Rs-1,76,100/ - from the possession of the petitioner under the cover of panchanama pertinent to note that the related Notification No.501i FSS/l/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 v' State of Telangana and othersvlde SLA No'20441 of 2O2l with SLP(C) No'1656 ot 2022' Thereafter, the Director General of Police' Telangana State' issued Circular N/lemorandum in RC'No 295iR'l-N5/2022 with 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 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 Petltion relied on by the petition er videCrl P'No'6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 188' 269' 270' 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' l 4 .\rR,/ t r,. ).\a.11-) d )n1;

11. ln ,'e ins:ant petition, the prosecution ior oosr,;erssion and allegation clf sare arraigned the offences under sectirn s 272. 275 0f BNS, 2023 Ai{; noted above, the conclusions crrawn il the earrier criminal pelitirtn are squarely measuring up the predicarnent in the present petirion For that reason, the proceedings agairrst ,.rer petitioner stand unsur;tarinirble Accordingly, this Criminal petitior deserves positive cons;ider:tt on

12. Resultanfly the Criminal petition is allowed against the oeiitioner/accused in Crime No. 74 of 2025 of Bhadrachararn ro'ivn porice Station, Bhadradri Kothaqudr:m r)istrict. are hereby quasl-erl The p,r<lceedings Pendin,S rniscellaneous applications, if any, shall stand :iosed //TRUE COPYII \r SD,i. A.,/.S. PRASAD DEPUTY FIEGISTRAR \ SETCTIDN OFFTCER The station H'()use officer, Bhadracharam Town porice srtatirrn, Bhadradri Kothagudem Dist. Two CCs to the Fr blic prosecutor, High Court at Hyderabad (OLIT) One CC to {lRt .1 Two CD Ccpres BALA MURALI y, Advocate tOpUCl To, 1 2 3 M/ RC/gh HIGH COURT DATED; 10106/2025 ORDER CRLP.No.44T3 o1, Z02S R THI :--== -- ",., i :\ - :.'\ tt. ,.\ o o t 1X ,li l{ 02i -l\ ;, i! at! -lt i./ PAt .. .I' u')' The Criminal Petition is Allowed. 1 b \5