The High Court · 2025

The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad. The Sub-lnspector of Police, Palakurthy Police Station, Warangal Dist. ...ResPondenUComPlainant Petition under Section 528 of B.N.S.S 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. 55 of 2025 on the file of Palakurthy Police Station, Warangal District against the Petitioners. LA. NO: 2OF 2025 Petition under section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to direct the respondents/ Palakurthy Police station, on the file of Palakurthy Police station, warangal District to release the property 1.25RR Tobacco packets (25x20-500 packets, worth Rs10.000/-), 2.Amber Packets- 4(00(worth 400x 1 5-Rs 60001), 3.JK Tobacco-16 packets(worth 1 6x60- ns.sbol-),4.V-l thambaku -60packets(worth 60x 10- Rs.600l),5 Vimal gutka - 80 packets(worth & ox 10= Rs.BO0i-) and at dimmy pan shop Gulla Ramesh 1.05 RR Tobacco packets (5x20= 100 packets, worth Rs2000/-)' 2'Amber facl<9!s- S0(worth50x15-Rs75o/-).3.JKTobaceo-Tpackets(worthTx6o=Rs-420/-)' 4.V-l thambaku - 20packets (worth 20x'10= Rs.200/-), 5'Vimal Sytka -?0 packets(worth 20 x10-= Rs.200l) Total worth Rs.21,870 seized in FIR No.55 'of 2025 On the file of Palakurthy Police station, warangal District in favor of the petitioner no.1/accused no.'l . This Petiiiol coming on for hearing, upon perusing the l\,4,)rnorandum of Grounds of crirrinerl retition and upon hearing the argumr:nls cf Sri y.Bala Murali, Advocatr: f,rr the Petitioner and the Mr. Jithender Rao \/eerrrrnalla learned Additional Publir; F'ror;e,cutor on behalf of the Respondents. The Court made the lollowing: ORDER o THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.476 7 0F 2025 ORDER This Criminal Petition is filed under Sectlon S2g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023') seeking quashment of the proceedings , against the petitioners in Crime No.55 of 2025 of Palakurthy Police Station, Warangal District. 2- The petitioners are accused in crime No.55 of 2024 registered for the offences punishable under Sections 274,275 of Bharatiya Nyaya Sanhita, 2023 (tor short 'BNS, 2023,). 3 Heard Mr. Y.Bala Murali, learned counsel for the petitioners and Mr.Jithender Rao Veeramaila, Iearned Additionar pubric prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused Nos.1 and 2 are involved in seiling and purchasing the banned robacco products and the Police concerned seized the said robacco products worth of Rs.2'l ,870/- from their possession.

5. Learned counsel for the petitioners would submit that a coordinate Bench of this court vrde criminal petition Nos.3731 and Batch, on considering similar allegations and the merits quashed the - ."1&I*E!r---- 2 N7R,./r ---i C"l. t'.110.1767 of 2025 proceedings against the petitioners therein. He fudher subrnits that the t 2nd respond,-'nt 1as registered the present crime in vio ation of the orders pass,?d try this Court. Hence, prayed for qrrashnrent of the proceedin()s aga nst the petitioners.

6. Learnerd ltdditional Public Prosecutor would subrnrt that the petitioners ha,re been found with the Tobacco prr:ducts and investigatir>n is pending. However fairly admitted that in he authority cited by the petitioners in the similar circumstances, the p'oceedings against ther peti ioners therein were quashed

7. I harte pe'used the materials on record.

8. As 1>er trt> prosecution, on 19.03.2025 at 12'1.0(r hours, the complainanUSu c lnspector of Police lodged a complaint alleging that the petitiorrers ;rre running a Dimmi Pan Shop at Desai Th:rnda Mandal Chilupur Dislric , Jangam and by purchasing tobacco produr;ts banned by the Gc,verrnrnent from unknown persons at Beediar c I Karnataka State, selling the same at his Pan shop. Accordingly, the :rtmplainant and his staff apprehended the petitioners and seized tobar;co products 'l ) Pan Bhuky,r Suman 1.25RR Tobacco packets ( 5r)r) Packets Rs.10,000/-) ill Amber Packets (400 packets worth Rs.6,()()0), 3) JK Tobacco (16 prr;kets worth Rs 900l-), 4)V-l Thambaku 160 packets .:ar, =Wd 3 NT&/ CrLP.No.4767 oJ 2025 worth Rs.60O/-), 5) Vimal gutka (80 worth 800/-), which were total worth of Rs.2'l ,870/- under cover of panchanama.

9. lt is pertinent to note that the related Notification No501/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 v. State of Telangana and others vrde SLA No.20441 of 2021 with SLP(C) No.1656 of 2022. Thereafter, the Director General of Police, Telangana State issued Circular fi/lemorandum in RC.No. 295/R1-NS/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 I I 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 petition relied on by the petitioners vide Crl.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 l.P.C., cannot be maintained and quashed the proceedings against the petitioners therein. .\j7R,/ Et 2O2; \-l\l |,), l) .\'a.176 /'

11. In thr> nstant petition, the prosecution for possr:ssion and allegation ol sitl,3 arraigned the offences under Section s 274,225 of BNS, 2023 as noted above, the conclusions drawn in the earlier criminal petilior are squarely measuring up the preriicar.ni-:,nt in the present petition, fr:r that reason, the proceedings against tht: 1:etitioners stands unsustair,ble Accordingry, this criminar petitiorr positive consirler ation. deserves

12. Resultanfly, the Criminal petition is allowed. The pr.oceedings Nos.1 and 2 in Crime No.55 ,r1, 2O2S of against the,eriticners/accused Palakurthy pcilcer Station, Warangal District are hereby quasfred. pending rnis cellaneous applications, if any, shall stand c lc,sed. To, //TRUE COPYII ,33,ffiv,.?8!+ifR _1_ iSECTtON OFFTCER

1. The Statior Hour;e Officer, palakurthy police Statioqy.Waranga l. 2. Two CCs tc putrl c prosr uvo"ral"JtbLl"r,' ' ''"ecutor' High court for the state of relan(:ana

3. One CC to llri Y Bala M 4. Two cD co,:ies urali' Advocate toPUCl NVB 6 --rE:.l: 'r'- _:r r ..:l ',i HIGH COURT DATED:0710412,025 ORDER GRLP.No.4761' ot 2025 ( o tJ 4r6 o a I 2 Jii,t 2025 (.( C) { ',- , .,,, . t. -'.j ')lr -.- ' -.-'- - ---' THE CRIMINAL PETITION IS ALLOWED .t @("?' L{ A6