High Court · 2025

Petition under Section 528 of BNSS, 2023 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. 70 of 202s on the file of Ghanpur w Police station, warangal District against the petitioner, l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High court may be pleased to direct the respondents/ Ghanpur w police Station, on the file of Ghanpur w Police station, warangal District to release the property 11 28-Anar Tobacco packets, each packet worth lts.160/- total worth ns.s,iool-, 2l 48-Amber Tobacco packets, each packet worth Rs.17sl- total worth Rs.8,400/- ' 3) 276- vl robacco packets, each packet worth Rs.30/- totar worth Rs.B,280i-, 41 20- sR-1 Tobacco packets, each packet worth Rs.30A total worth Rs.600/-, 5l 11-Blue Bull robacco packets, each packet worth Rs.200/- total worth Rs.2, 2O0l-,61 20-Bab Black Tobacco packets, each packet worth Rs_1g5/_ total worth Rs.3,7004, 7l 4-Golden Tobacco packets, each packet worth Rs.500A total worth Rs.2000/-, Bl 5- Swagath Gold Tobacco packets, each packet worth Rs.168/- total worth Rs.840/-, 91 8-JK-3320 robacco packets, each packet worth Rs.500/- total worth Rs.4,000/-, 101 5- Miraz Tobacco packets, each packet worth Rs.225l- total worth Rs.1,1251-, 1'll 80-Maharatan-307 Tobacco packets, each packet worth Rs.103/- total worth Rs.8,240l-, 12] 3- M Gold Tobacco packets, each packet worth Rs.600/- total worth Rs.1 ,800/-, 1 3] 2_Baba-54 Tobacco packets, each packet worth Rs.1270l- total worth Rs.2,54Ot-, 14) 5_JK_3320 Tgbagco boxes, each packet worth Rs.600/- total worth Rs.3,0001, 1Sl .l-Baba_ '120 Tobacco box worth Rs.450/-, 161 16-Baba-120 Tobacco packets, each packet worth Rs.790l total worth Rs.'12,640A, 171 1-Baba-160 Tobacco packets worth Rs.2150/- all together worth Rs.65,32bt seized in FIR NO. 70 ot 2.025 On the file of Ghanpur w Police station, warangal District in favor of the petitioner; This Petitio I lorn ng on for hearing,upon perusing the Mer.rorandum of Grounds of Criminal F,ertition and upon hearing the argume.rts r., Sri BALA MURALI Y, Advocatr: frrr the Petitioner and Sri Jithender Rao \reer:rnalla, Addl. Public Prosecutor :n behalf of the Respondents; The Court made the fol owing: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL P ETITION No. 4496 OF 202s ORDER 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.70 of 2025 of Ghanpur W Police Station, Warangal District.

2. The petitioner is sore accused in crime No.70 of 2025 registered for the offences punishable under Sections 272, 2lS of Bharatiya Nyaya Sanhita,2023 (for short ,BNS, 2023')

3. Heard Mr. Y.Bara Murari, rearned counser for the petitioner and Mr.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 robacco products and the Police concerned have seized the said robacco products worth of Rs.65,325/- from his possession.

5. Learned counsel for the petitioner would submit that a coordinate Bench of this court vide criminar petition Nos.6235 of 2oz2 and Batch considering similar allegations and the merits, quashed the ceedings against the petitioners therein. He further submits that the r l l I I 2 .rn.7 t , .t)\o.1196 ol 202t 2nd respondert rrils registered the present crime in vior.tion of the orders passeo by this Court. Hence, prayed for quashrrrr:nt of the proceedings a(lai l;t the petitioner

6. Learnerd AJ Jitional public prosecutor wou|J srtbm it that the petitioner has ber:n found with robacco products and inves:igation is pending. Hr>weve-, fairly admitted that in the authority citerd by the petitioners in the s;imilar circumstances, the proceedin,gs :rgainst the petitioners thr:rein raiere quashed.

7. I have lle.used the materials on record.

8. As per th,? tr()secut'on, on 1g.03.2025 at about 17.30 hcurs, the comprainant/l-re;rd (lonstabre, Ghanpur w porice stataon. r,rdged a complaint alleging that the petitioner has been retailingl tobacco products in lrrs rClassic pan Shop at Ghanpur by pi.ocr,ring from unknown perscns :rrrd seized 'r ) Anar Tobacco packets - 2g :2g X 160 = Rs.3,3601), 2) Arnber Tobacco packets _ 4g (4g X.75 = Rs.,3,400/_), 3) Vl Tobacc;o pilr;kets - 276 (276 X 30 = Rs.E,2g0l_), ,l) SR_1 Tobacco Packets . 20 (20 X 30 = Rs.600/_), 5) BIue Bull l-obacco Packets - 11 (11 X20O = Rs.2,200/_), 6) Bab Black Tobacco [)arckets _ 20 (20 X 185 = F s i\ TOOI-),7) Golden Tobacco packets _ 4 (t )< SOO = Rs.2'000L), 8) sr,varyath Gord robacco packets - 5 (5 x 1€;B=Fts.B40/-), 9) JK-3320 Tobacc: packets - B (S X 500 = Rs.4,OOOt.), 10) f\4ir1z I 3 ,\7R,r/ Crl.l).\o-1196 ol 202i Tobacco Packets - 5 (5 X 225 = Rs.1,125A), 11) tVtaharatan-3O7 Tobacco Packets - SO (BO X 103 = Rs.8,2401), 12) M Gold Tobacco Packets - 3 (3 X 600 = Rs.1,g00/-), 13) Baba_54 Tobacco packets _ 2 (2 X 1,270 = Rs.2,540/-) , 14) JK-3320 Tobacco Boxes _ 5 (5 X 600 = Rs.3,000/-), '15) Baba-120 Tobacco Box- 1 (1 X 450 = Rs.450/_), .16) Baba-120 Tobacco Packets - 16 (16 X 790 = Rs.12,640/_), 17) Baba_ 160 Tobacco Packet - 1 (1 X 2,150 = Rs.2,1501), which were total worth of Rs.65,325/- from the possession of the petitioner under the cover of panchanama.

9. lt is pertinent to note that the rerated Notification No.50'l/FSS/I/2022 dated or 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 ventkateshwara Traders v. sfafe of rerangana and others vlde sLA No 20441 of 2oz1 with SLp(c) No.1656 of 2022. Thereafter, the Director Generar of porice, Terangana state, issued circular l\4emorandum in RC No- 295/R1-NS/2022 with directions to the I \ station House officers not to interfere with the business activities, who carry out the business as per rures of Food safety and standards Authority of India and arso not to take any coercive measures against the tobacco traders as rong as the order of the Hon'bre Supreme court is in force. I 4 \I]tJ t ',.!' ) 0.1196 ol 202i

10. Having rogz rl to similar factual position in the crrmiral Petition relied on by the, pr:titioner vide crl.P.No.6235 oI 2022- he'ld tl.tett against the allegations :f illr:gal sale and transportation of tobacco ploducts the accusations unde'sections '1 88, 269' 270,272,273 278 328 read with Sections t'11, 336, 409 and 420 of l'PC, cannot be 'naintained and quashed the 5,rcceedings against the petitioners therein

11. ln the irrstart petition, the prosecution for p()ssesl;ion and allegation of s;rle zrrraigned the offences under Ser:tiors 27"2,,275 o'f BNS, 2023 lts noted above, the conclusions drawn in ttre earlier criminal petition irre squarely measuring up the predican ent in the present petiti,tn. [:or that reason, the proceedings agains;t thr.l petitioner stand unsustaina ole Accordingly, this criminal Petition deserves positive cons'de:ra tirl n.

12. Result;rn:ly'. the Criminal Petition is allowed. The p"cceedings against the petitioner/accused in Crime No. 70 of 2025 of (itlanpur W Police Statiorr, '/y'arilngal District, are hereby quashed. Pending mis;c ellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- A.V S. PRASAD oEpun nEGlsrRAR .5ECTIC,N OFFICER e Officer, GhanPur W P.S., Wara 3,ALA MURALI Y Advocate [OPUC] L C PROSECUTOR, High Court at Hyderabad (OUT) To,

1. The Station Hrlus 2. One CC to Sttl 3. Two CCs to PUB 4. Two CD CoPie:s M/ghN.,VS HIGH COURT DATED:1010612025 -f H :':..-.-:- r ra "ii.:,1 .. ( 1 3 ,lutl 2U:i >ll-;l t t)aS^^,, ,,, - '. ORDER CRLP.No.4496 ol 2025 ALLOWING THE CRIMINAL PETITION

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