High Court · 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 / Ghanpur W Police Sation, Warangal District to release the property 1) Amber Tobacco Packets (168) sachets, each sachet worth Rs 1751 total worth Rs.29,400, 2) RR Tobacco packets (1 1O) Sachets , each sachet worth Rs.200l total worth Rs.22,000/- 3) JK 3320 Tobacco Boxes (273), each sachet worth Rs.69i- total worth Rs.'l B,B37l-, 4) V1- Tobacco Products (145), each packet worth Rs.30/- total worth Rs.4,350/-, all together amounts to Rs.74,587l.Seized in FIR NO. 55 ot 2O2S On the file of Ghanpur W Police Station, Warangal District in favor of the Petitioner no.'l l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P.C 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 WPolice Station, Warangal District to release the property '11 Amber Tobacco Packets (1 68) sachets, each sachet worth Rs 1751 total worth Rs.29,400, 2l RR Tobacco Packets ('1 '10) Sachets , each sachet worth Rs.200/- total worth Tobacco Boxes (273), each sachet worth Rs.69l total Tobacco Products ('145), each packet worth Rs.30/_ together amounts to-Rs.74,5871. Seized in FIR NO. Ghanpur W Police Station, Warangal District in favor no.1 Rs.21 ,0001 3l JK 3320 worth Rs.1B,B37 l-, 4l V1- total vrorth Rs.4,350/-, all 55 of 2025 On the file of of th( petitio ne r/Accused This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the argunrents of sri y.Bala Murali, Advocate for the Petitioner and I\/r.Jithender Rao ve,:ramalla, Additional Public Prosecutor on behalf of the Respondent No.1 non,) appeared for the Respondent No.2. The Gourt made the following: ORDER i THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.5498 0F 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 Crime No 55 of 2025 of Ghanpur W Police Station, Warangal District'

2. The petitioners are arrayed as accused Nos l and 2 in Crime No.55 of 2025 registered for the offences punishable under sections 272,275 of Bharatiya Nyaya Sanhita ,2023 (for short 'BNS' 2023')'

3.HeardMr.Y.BalaMurali,learnedcounselforthepetitionersand Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor' representing the resPondents.

4.Theprosecutioncaseinbriefisthatthepetitioners/accused Nos.1 and 2 are involved in selling ahd purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.74,5871 from the possession of the petitioner'

5. Learned counsel for the petitioners would submit that a coordinate Bench of this court vlde criminal Petition Nos.3731 and Batchonconsideringsimilarallegationsandthemeritsquashedthe 2 NIR; Cr/.P.No.5198 oJ 2025 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 q.rashment of the proceedings against the petitioner in the crime.

6. Learned Additional Public Prosecutor would submit that the petitioner has been found with the Tobacco products rrnd investigation is pending. However fairly admitted that in the authc rity cited by the petitioners in the similar circumstances, the proceed ngs against the petitioners therein were quashed. 7 . I have perused the materials on record

8. As per the prosecution, on 06.03.2024 at 13.20 hours, the complainanVHead Constable lodged a complaint a lleging that the petitioners are running kirana shops at Ghanpur Village, Jangoan, Warangal District, and retailing tobacco products by procuring from unknown persons and seized tobacco products 1) Amber Tobacco Packets (168) sachets, each sachet worth of Rs.175/- total worth of Rs.29,400/-, 2) RR Tobacco Packets (110) sachets, each sachet worth Rs/200/- total worth of Rs.22,000i- from petitioner No.1 and tobacco products 1) JK 3320 tobacco boxes (273), each sache'worth 691 total worth of Rs.18,837/-, 4) Vl-Tobacco Products ('145), each packet worth -of Rs.30/- total worth of Rs.4,350/- from petitioner N:.2, all together t I I 3 Arf_Rrr Cr/.P.N0.5498 of 2025 amounts to Rs.74,837/- from the possession of the petitioner under the cover of panchanama.

9. lt is pertinent to note that the related Notification No.501/FSSil/2022 dated 07.O1.2022, 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 vlde SLA No.20441 of 2021 with SLP(C) No.1656 of 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No. 295/R1-NSi2022 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 tobaccb 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 petitioner vide Crl.P.No.6235 ot 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., can not be maintained and quashed the proceedings against the petitioners therein. t I i \ .-, .! l \ 4 .-. N.rR,/ CrLP.No.5498 of 2025

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 272, 275 of BNS, 2023 as noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the prerdicament in the present petition, for that reason, the proceedings agairst the petitioners stand unsustainable. Accordingly, this Criminal P,:tition deserves positive consideration.

12. Resultantly, the Criminal Petition is allowed. -he proceedings against the petitioners/accused Nos.1 and 2 in Crime '{o.55 of 2025 ot Ghanpur W Police Station, Warangal District, are hereb,y quashed Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPYII SiD/. A.V.S. PRASAD qHPUTY REGTSTRAR SECTION OFFICER 1 2 J 4 A The Judicial First Class Magistrate at Ghan pur. The Station House Officer, Ghanpur W pol ice Station, Wirrangal One CC to One Two C Two CD Co S ri. Y.Bala Murali, Advocate loPUcI Cs to Public Prosecutor, High Court at Hyderatrad (OUT) RAS/gh HIGH COURT DATED:2310412025 ORDER CRLP.No.5498 of 2025 1HE S};, Ro a + J o o 11 JUN 1025 / -c..i ; .,1 -i a - :;/ CRIMINAL PETITION IS ALLOWED b\,( \ \