The High Court · 2025

AND '1. The State of Telanana, Through SHO, PS Hasanparthy, Warangal District Eep by Public Prosecutor High Court at Hyderabad foi the State of Telangana

2. Sub lnspector of Police, PS Hasanparthy, Warangal District, Telangana State ... RESPONDENTS/ DEFACTO COMPLAINANT 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 Petitioners/accused No.1 and 2 in Crime No 201 of 2025 Hasanparthy Police Station, Warangal District in these circumstances mentioned above to meet the ends of justice l.A. NO: 2 OF 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 to return tobacco material i.e.. six bags, each bag contains 2500 sachets total 15.000 sachets, each sachet worth of Rs 201 total worth of Rs 3,00.000/- and Honda i20 Car bearing No TS 03 EW 5'143 from the possession of the accused by the 2nd Respondent in Crime No. 201 of 2025 of PS Hasanparthy. Warangal District pending disposal of the main CASE. l.A. NO: 3 OF 2025 Petition under section 528 of BNSS praying that ln the circumstances stated in the Memorandum of Grounds of criminal petrtion. the High court may be pleased to stay of all further proceedings against the p etrtio ners/accused No 1 and 2, in crime No 201 of 2025 Hasanparthy police starion, warangal Distrrct pending disposal of the main case. This Petition coming on for hearing, upon perusinc tlre lr/lemorandum of Grounds of criminal Petition and upon hearrng the arguments of Ms. Allampally Rupadevi, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, Additional Public Prosecutor, High court for the state of T elangana, Hyderabad on behalf of the State/ Respondent No.1 . The Court made the following: ORDER: THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No. 6897 of 2O2S ORDER: This Criminal petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short tsNSS, 2023) seeking quashment of the proceedings, against the petitioners/Al and A2 in Cr.No.2Ol of 2O2S of Hasanparthy Police Station, Waralgal District.

2. The petitioners are arrayed as accused Nos. 1 and 2 in Cr.No.201 of 2O2S registered for the offences punishable under Sectio ns 222 and 27 5 of BNS

3. Heard Ms.A.Rupa Devi, learned counsel for the petitioners and Sri Mr.Jithender Rao Veeramalla, learned Additional Public prosecutor representing respondent No.1 - State.

4. The prosecution case in brief is that the petitioners/ accused Nos. 1 and 2 are invoived in selling and purchasing the banned Tobacco products and the police concerned has seized the said Tobacco products worth of Rs.3,O0,OO0/- from the possession of the petitioners. a 2 JYTR,J C' LP.No-6A97 oJ 2025

5. Learned counsel for the petitioners woul,l siubmit that this Court vide Criminal Petition No.6235 of 2022, on considering similar allegations ald the merits quashed the proceedings against the petitioners therein, He further submits that the 2nd respondent has registered t-he present crime in violation of the orders passed b1 this Court. Hence, prayed for quashment of the proceerlings against the petitioners in the cnme

6. Learned Additional Public Prosecutor v,'ould submit that the petitioners have been found with th e Tobacco products and investigation 1S pending. Hcr.vever, lairly admitted that in the authority cited by the pel.itioners in the similar circumstances, the proceedings against the petitioners therein were quashed. 7 . I have perused the materials on record

8. As per the prosecution,

10.05.u025, the complainant/ Sub Inspector of Police lodged a complaint alleging that while conducting vehicle checking at Vangapahad cross road (ORR) at 17:30 hours ',hi: petitioner ,ivrR,r, C.LP.No.6E97 oI 2O2S No.l was proceedings to Hyderabad side rn a car in a suspicious manner, the police apprehended him and seized two bags containing 15000 sachets of Government banned Tobacco i.e., Ambar Tobacco packets worth Rs.3,O O,OOO/- along with car from his possession, on further interrogation he revealed that on the instructions of petitioner No.2, he collected balned tobacco products from unknown persons, the police seized the banned tobacco products tota-l worth of Rs.3,OO,OOO/_ from the possession of the petitioner No.1 under the cover of panchanama.

9. It is pertinent to note that the related Notification prohibiting transportation and No.501/FSS/I/2022 dated 07.Or.2022, manufacturing, storing, distribution, sale of gutka and pan masala in the entire State of Telangarra, has been stayed by the Hon,ble Supreme Court of India in Shri Venkateshwqra Traders u. State oJ Telangana and others vide SLA No.20441 of 2O2l with SLP(C) No.1656 of 2022. Thereafter, the Director General of Police, Tela,gana State issued circular Memorandum in RC.No. 295/R1-NS/2022 with directions to the Sration T 4 .-t- MI&J <:rLP.No.6a97 of 2O2S House Officers not to interfere with the bur;iness activities, who carry out the business as per rules of Focd Safety and Standards Authority of India and also not to take any coercive measures against the tobacco trarlers as long as the order of the Hon,ble Supreme Court is ir fcrrce.

10. Having regard to similar factual position in the criminal petition relied on by the pr:tirioners vide Cr1.P.No.6235 of 2022 held that against the aLllegations of illegal sale arrd transportation of tobacco products, the accusations under Sections 1Bg, 269, 2ZO, ,272, 273, 2TB, 328 read with Sections 511, 336, 4Og and,4t2O of I.p.C., cannot be maintained and quashed the proceedings again st the petitioners therein. 11, In the instalt petition, the prosecution tbr possession and allegation of sale arraigned the offences uncler Sections 272, 275 of BNS, 2023 as noted above, th,r conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petrtion, for that reason, the proceedings against the petilioners stand 5 I:TR,J CiLP.No.6a97 of 2O2s unsustainable. Accordingly, this Criminal petition deserves positive consideration

12. Resultantly, the Criminal petition is allowed. The proceedings against the pe titioners / accused Nos. 1 and 2 in Cr.No.2O7 of 2O2S of Hasalparthy police Station, Warangal District, are hereby quashed. Pending miscellaneous applications, if any, shall stald closed Sd/- S. MALLIKARJUNA RAO ASSISTANT REGISTRAR //TRUE COPY// To, "$tk" 1. The Principal Junior Civil Judge -cum- Judicial First Class Magistrate, SE FFICER Hanmakonda.

2. The Station House Officer, Hasanparthy Police Station' Warangal District 3. One CC to tt/s. Allampally Rupadevi, Advocate IOPUC] 4. m CC4to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT] 5. Two CD Copies. PSK /PSL w HIGH COURT DATED:1210612025 I .\\ r4: r rlE S l,c f $I SEP N6 ".a/ ,,- ir. ), ORDER CRLP.No.6897 of 2025 ALLOWED THE CRIMINAL PETITION gco(qnL Vr ({.645