The 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 quash the proceedings against the Petitioner in Crime No 134 of 2025 on the file of Police Station Narsampet, Warangal District in the circumstances mentioned above in interest of justice. lA NO: 3 OF 2025 Petition under Section 582 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings against the Petitioner in Crime No 134 of 2025 on the file o-f Police station Narsampet, Warangal District pendlng disposal of the main case. This petition coming on for hearing, upon perusing theMemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C-Sunitha Kumari Advocate for the Petitioners and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.'1 \ The Court made the following : ORDER THE HONOURABLE SRI JUSTICE N.TUKAIIAMJI CRIMINAL P ETITION N o. 6203 0F 202 5 ORDER This Criminal Petition is filed under Section 5t.l8 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023') seeking quashment of the proceedings, against the petitioner irr Crime No.134 of 2025 of Narsampet Police Station, Warangal District.

2. The petitioner is sole accused in Crime No. 1 34 of ,2025 registered for the offences punishable under Sections 272, 27j of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023'). 3 Heard Ms.C.Sunitha Kumari, learned counsel fo the petitioner and Mr.Jithender Rao Veeramalla, Iearned Additional public Prosecutor, representing the respondents

4. The prosecution case in brief is that the petitiorrer/accused is involved jn selling and purchasing the banned robaccc products and the Police concerned seized the said robacco prod-rcts worth of Rs.1,59,700/-.

5. Learned counsel for the petitioner would suL,mit that the coordinate Bench of this court vrde criminal petition No 373.1 of 2o1g and Batch quashed the proceedings against the petitionr:rs therein by ) N.r&/ Crl.P.No.620) 0J 2025 passing common order dated 27.O8.2018' 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 petitioner in the crime'

6.LearnedAdditionalPublicProsecutorwouldsubmitthatthe petitioner has to face either investigation or trial and prove her innocence and instead of doing so, she has filed the present criminal petition, whlch cannot be considered at this stage' 7 I have perused the materials on record.

8. As per the prosecution, on 17.04.2025 at 16'30 hours' the complainanUHead Constable lodged a complaint alleging that the petitioner is running a kirana shop at Narsampet, and by purchasing tobacco products banned by the Government from unknown persons' sellingtheSameatherkiranashop.Accordingly,thecomplainantand his staff apprehended the petitioner and seized tobacco products 1) R.R. (59 packets worth Rs.29,500/-), 2) Anar (36 packets worth Rs.18,000/-), 3) Amber (39 packets worth Rs27,500/-),4) M Gold (8 packets worth Rs.8,000/-)' 5) Amber (2 packets worth Rs'1'000/-)' 6) Baba Black (10 packets worth Rs.35,0OOi-),7) J'K' 3320 (12 packets worth Rs.1,200/-) and 8) Baba-120 (1 packet wo(h Rs 1,000/-)' which were total worth of Rs.1,59,700/- under cover of panchanama' 3 r\'7Rrr Cr/.P.N0.620) of 2025

9. The related Notification No.50'l/FSS/I 12022 dated 07.01 .2022, prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the entire State of Telan{Jana, has been stayed by the Hon'ble Supreme Court of lndia in Shri y'enkateshwara Traders v. State of Telangana and others vtde SLA Nrr.20441 o'f 2021 with SLP(C) No.1656 of 2022. Thereafter, the Dire,:tor General of Police, Telangana State issued Circular Memorancium 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 lusiness as per rules of Food Safety and Standards Authority of lndia and also not to take any coercive measures against the tobacco traderr; as long as the order of the Hon'ble Supreme Court is in force.

10. Having regard to this factual position, a Coordinale Bench of this Court in Crl.P.No.6235 of 2022 held that against thr, allsg6l;e.r .1 illegal selling and transportation of tobacco products, th,: Sections 188, 269,270, 272,273, 278, 328 read with Sections 5'l 1, 3:16, 409 and 420 of l.P.C., would not attract and quashed the proceedings against the t I petitioners therein

11. ln the instant petition, the prosecution for prssession and allegation of sale arraigned the offences under Sectiorts 272, 275 of BNS, 2023. 4 NfRJ Cr/.P.N0.620) of 2025

12. As noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition

13. For that reason, {he proceedings against the petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in Crime No.134 of 2025 of Narsampet Police Station, Warangal District, are hereby quashed. The petitioner- accused is granted liberty to file appropriate application for return of seized property, whereupon the trial Court is directed to release the seized property to the petitioner on proper acknowledgment Pending miscellaneous applications, if any, shall stand closed. SD/. MOHD.ISMAL DEPUry REGISTRAR To //TRUE COPY// S TION OFFICER '1. The Principal Judicial First Class Magistrate at Narsampet 2. The Station House Officer, police Station Narsampet,Warangal. 3. One CC to C. Sunitha Kumari Advocate [OPUC] 4. lwo CCs to Additional Public prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies GElPSL 5 HIGH COURT DATED:0210512025 / t ORDER CRLP.No.6203 of 2025 'ri1 11E S 14I€ (' t' 1Ii JUil M a .L J o ,1 a' -'-- ,r,-,' -f t ALLOWING THE CRIMINAL PETITION 4 @'|"Y b