The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court FOR THE State of Telangana at Hyderabad.

2. A. Babu Rao, Head Constable of police, p.S. Matewada, Warnagal. 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 against the petitioners/Accused. No.1 and 2 in cr.no. 8512025 of P.s. Matewada, warangal and return the seized material and vehicles in the interest of justice. ...RESPONDENTS l.A. NO: 2 OF 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 stay all further proceedings including the appeaiance of the Petitioners/Accused. No.'1 and 2 in Cr.no.85l2021 of p.S. Matewada, Warangal. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NANDA KISHORE AMARCHAND YADAV ,Advocate for the petitioner and Sri Veeramalla Jithender Rao, the Additional Public Prosecutor (TG) on behalf of the Respondents. The Court made the following: ORDER ,, .'-']],I: THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITIO NNo . s500 0F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for sho( :BNSS, 2023') ieeking quashment of the proceedings, against the petitioners-accused Nos'1 and 2 in Crime No.85 o'f 2025 on the file of the Matewada Police Station, Warangal.

2. The petitioners are arrayed as accused Nos.1 and 2 in Crime No.85 of 2025 registered for the offences punishable under Sections 272,275 of Bharatiya Nyaya Sanhita ,2023 (for short 'BNS, 2023')'

3. Heard Mr.Nand Kishore Yadav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused is involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.40, 1 50/- from their possession.

5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.3731 and 2 MR,/ Crl.P.No.5500 of 2025 Batch, on considering similar allegations and the merits quashed the 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 quashment of the proceedings against the petitioners.

6. Learned Additional Public Prosecutor would submit that the petitioners have been found with the Tobacco products and investigation is pending. However fairly admitted that in the authority cited by the petitioners in the similar circumstances, the proceedings against the petitioners therein are quashed

7. I have perused the materials on record.

8. As per the prosecution, on 11.03.2O25a1 16.55 hours, the complainanUHead Constable lodged a complaint alleging that the petitioners are running a kirana shop at Warangal, and retailing tobacco products by procuring from unknown persons and seized tobacco products 1) R.R Tobacco packets of Rs.3,500/-, 2) Miraj Tobacco Packets of Rs.5,500/-, 3)Swagath Tobacco of Rs.3,000/-, 4) Baba Black Tobacco of Rs.8,000/-, 5) M Gold Packet of Rs.7,000i-, 6)JK 3320 Tobacco packets of Rs.'10,400/-, 7)Amar Tobacco of Rs.500/-, 8) Vl Tobacco of Rs.75l, 9) SS-l Tobacco packets of Rs.150/-, 10) KP double black tobacco packets of Rs.700/-, 11)ZL-O1 of Rs.650/- total' 3 Nl }(,/ Cri P.No.t 500 of 202i 1E worth of Rs.40,1501 from the possession of the petitioners under the cover of panchanama. lt is pertinent to note that the related Notification 9. No.50,t/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' Stafe 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 lvlemorandum in RC.No. 295/R1 -NS/2022 wilh 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 lo.Havingregardtosimilarfactualpositioninthecriminalpetition 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 51 1,336,409 and 420 of lP'C', can not be maintained gnd quashed the proceedings against the petitioners therein' I I J 4 ^Ir&/ Crl.P.No.5 500 of 2025 ?

11. ln the instant petition, the prosecution for possession and allegationofSalearraignedtheoffencesundersections2T2,2TSof BNS, 2023 aS noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicameni in the present petition, for that reason, the proceedings against the petitioners stands unsustainable. Accordingly, this CriminaI Petition deserves positive consideration.

12. Resultantly, the Criminal Petition is allowed The proceedings against the petitioners/accused in Crime No 85 of 2025 on the file of the Matewada Police Station, Warangal, are hereby quashed' Pending miscellaneous applications, if any' shall stand closed' Sd/. T. TIRUMALA DEVI DEPUTY REGISTRAR I //TRUE COPY// tV SECTION OFFICER To,

1. The lll Additional Judicial First Class Magistrate At Warangal' 2.TheStationHouseofficer,MatewadaPoliceStation,WarangalDistrict. i. On. CC to SRI NANDA KISHORE AMARCHAND YADAV, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at HyderabadIOUT].

5. Two CD CoPies AR /PSL ryr' HIGH COURT DATED:2310 4t2O2S -=->\ 1tl t S ( I (..)l 2 7 I'lA'i 20 (. * iPAicH ,\ -4, ORDER CRLP.No.5500 of 2025 ALLOWING THE CRL.P. 1 1v x[ l(,