The High Court · 2025

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

2. The Sub-lnspector of Police, Komararam Police Station, Bhadradri Kothagudem 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 C.C NO. 703 ot 2024 on the file of Judicial First Class Magistrate, at Yellandu, Bhadradri Kothagudem District against the Petitioner. l.A. 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/ Komararam Police Station, Bhadradri Kothagudem district to release the property 1) Pan Bahar Tobacco 10 Boxes congaing 225 Pouches worth Rs.22501- 2) Dn Dar Tobacco 10 Packets Big Congaing 60 Pouches worth Rs. 600/- 3) JK 3320 Tobacco 10 Packets Worth Rs.690l 4) Vimal Packets 51 Nos per piece Rs. 120/- MRP and in total Rs.6120/-.5) V1 Tobacco packets 5'l Nos Rs.30 IMRP, in total Rs.1530i-. Above Property value Total Worth Rs 11,1901- in C.C NO. 7O3 of 2024 on the file of Hon'ble Judicial First Class Magistrate, at Yellandu, Bhadradri Kothagudem District in favor of the petitioner no.1 . This Petitior fi)r.ling on for hearing, upon perusing the I\4e nrorandum of Grounds of Crirrir a F'etition and upon hearing the arguments ,:t Sri Y.Bala Murali, Advocate fcr ttre' Petitioner and the Mr Jithender Rao Vererarnllla, learned Additional Public P -oser;utor on behalf of the Respondents. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4788 OF 2025 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 petitioners in C.C.No.703 of 2024 on the file of Judicial First Class tt/agistrate, Yellandu, Bhadradri Kothagudem District.

2. The petitioners are accused in Crime No.85 of 2024 registered for the offences punishable under Sections 272, 275 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023').

3. Heard Mr. Y.Bala lrlurali, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, Iearned Additional Public Prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused Nos.1 and 3 are involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.11,1904 from their possession.

5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vlde Criminal Petition Nos.3731 and .Batch, on considering similar allegations and the merits quashed the l t 2 .\ lli,/ ( 1i P.)t ).a 7E8 o,l 2025 proceedings agairlsit the petitioners therein' He further submits that the 2nd respondent l"as registered the present crime in violat or of the orders pass,?d b'r this Court. Hence, prayed for quashmlrrt of the proceedings aclairts;t the petitioners.

6.LearnedAdlitionalPublicProsecutorwouldSubmiIthatthe petitioners herve been .found with the Tobacco oroclucts and investigation is; pending. However fairly admitted that in thr'r authority cited by the petilioners in the similar circumstances, the proceedings against the pelitic ners therein were quashed.

7. I have p,:rused the materials on record.

8. As per th,: prosecution, on 16.12-2024 at 16 10 'tours, the complainant/Hea,j constable lodged a complaint allerginll that the petitioners arer rrrnning a kirana shop at Gunndal Mardal, llhadradri Kothagudenr, ard by purchasing tobacco products bannr:rl by the Governmen. frc,rn unknown persons at Beedar of Karnat;al<a State, selling the s.arne at his kirana shop. Accordingly, the comp arnant and his staff aprpreh:rrded the petitioners and seized tobaccr products 1 ) Pan Bahtrr Tobacco 1 0 Boxes congaing 225 prouc h':s worth Rs.2,225t-), .2) Dil Dar Tobacco (10 packets worth Fls.6(tC), 3) JK 3320 Toba:co i10 packets worth Rs.690l), 4)Vimal Prtc;kets (5 1 i, i 3 NT&/ CrLI'.N0.4788 of 2025 packets worth Rs.'|20l-), 5) Vl Tobocco packets (51 Nos Rs'30 MRP)' which were total worth of Rs'11'190/- under cover of panchanama' lt is pertinent to note that the related Notification 9. No.501/FSS/1i2022 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 2021 with SLP(C) No 1656 oI 2022' Thereafter, the Director General of Police' Telangana State issued Circular Memorandum in RC'No' 295/R1-NS/2022wi[h 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 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 I'P'C' cannot be maintained and quashed the proceedings against the petitioners therein' I I i 4 Nr"R,/ ('t'.l'.1. o.1788 01 2025

11. ln ther instzrnt petition, the prosecution for pc,ssess;ion and allegation o'l'sal€ arraigned the offences under Sectiors 2;1t,275 of BNS, 2023 as r)oted above, the conclusions drawn in he earlier criminal pet tion are squarely measuring up the predicamrlnt in the present petition, fc' that reason, the proceedings against the p,:titioners stands unsustainable. Accordingly, this Criminal Petrtion leserves positive cons;iderertion.

12. Resullarrtly the Criminal Petition is allowed. The pro;eedings against the peliticners/accused Nos.1 and 3 in C.C. No.703 rfi 2024 on the file of lurjicial First Class Magistrate, Yellanriu, Elhadradri Kothaguden D,ist'ir:t, are hereby quashed. Further, in case if 'tl'e seized property is nct rlerposited before the trial Court, the lltation House Officer/lnvestigati rg Officer is directed to deposit the seizel property before the':rial ,lcurt. Further, the petitioner is directed kr file an appropriate ;rpclrr:ation for returning the seized property befor-er the trial Court and on filirrlr of such application, the trial Court is r:irected to consider the sarmr: by imposing conditions thereon Pending mi;<;ellaneous applications, if any, shall stand :r,)sed //TRUE COPY// SD/-I,.\/.S PRASAD /1, DEPUT'/ REGTSTRAR r SECTTON OFFICER To, 1 2 J The Judicarl F:irrs (ll65s Magistrate at yellandu ' Thestatiorr r-rous,-' officer Komararam porice station, Bhad.adri kothagudem . Two CCs tt F)ublir; prosecutor, High Court for the State of Telanr;trna at Hyderabad [OU-l 5 4. One CC to Sri. y. Bala tr/urali, Advocate tOpUCl

5. Two CD Cooi-os; HIGH COURT DATED:071A4i2.025 ORDER CRLP.No.478t] of 2025 ii- (' ,>( L o 1? ,ti.tr 20[ ( C) A (. ^t THE CRIMINAL PETITION IS ALLOWED @wq S--- 6c\'t