High Court · 2025

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

2. The Sub-lnspector of Police, Hayathnagar Police Station, Rachakonda Dist. ...RESPONDENT/COMPLAINANTS 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 in FIR No. 714 of 2025 on the file of Hayathnagar Police Station, Rachakonda District against the Petitioner and pass 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 / Hayathnagar Police station, Rachakonda District to release the property 1) V-01 Tobacco-2430 Pouches, 2) SS One Tobacco-1980 Pouches, 3) SR1-1 Tobacco- 1400 Pouches, 4) KP Double Black- 455 Pouches,5) RR Gold- 910 Pouches,6) Raja Sree-360 Pouches, T) Raja Tobacco-286 Pouches 8) MIRAZ Tobacco 105 Pouches, 09) RR Gold Tobacco- 420 Pouches, 10) ZLOI Tobacco- 780 Pouches, '1 1) Swagath fobacco - 232 Pouches, 12) MAHA Baba Tobacco - 49 Pouches, 13) Chaini Chaini Tobacco-150 Pouches, l4). Baba Tobacco-'12 Pouches, 15). Amber Tobacco-'175 Pouches, 16). Rahagir Tobacco-2O Pouches, 17). M-SENTED Tobacco- 1200 Pouchesm '18). A10 Ciggarates-.390 Packets. Seized in FIR NO. 714 of 2025 On the file of Hayathnagar Police Station, Rachakonda District in favor of the Petitioner and This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITIO N No.7004 OF 2Ct25 ORDER This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings against the petitioner irr Crime No.7i4 of 2025 of Hayathnagar Police Station, Rachakonda Conrmissionerate.

2. The petitioner is sole accused in Crime No.714 oI 2O2S registered for the offences punishable under Section 20(2) of fl^e Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, production, Supply and Distribution) Act, 2003 (for short 'COTPA') and 274 & 275 of Bharatiya Nyava Sanhita, 2023 (for short'BNS, 2023').

3. Heard Mr. Y.Bala Murali, learned counsel for ilre petitioner and Mr'Jithender Rao Veeramalla, learned Additionar public prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioner/accused is involved in selling and purchasing the banned Tobacr:o products and the Police concerned seized the said Tobacco products ..1 ) Nr&/ ar/.P.Na.7001 of 2025 5' Learned counser for the petitioner wourd submit that the Coordinate Bench of this Court vide Criminal petition Nos.3731 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.0g.201g. 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 Learned Additionar pubric prosecutor wourd submit thatthe petitioner has to face either investigation or trial and prove his innocence and instead of doing so, he has filed the present criminal petition, which cannot be considered at this stage.

7. I have perused the materials on record.

8. As per the prosecution,on 03.06.2025 at 15:00 hours, the comprainanu sub lnspector of porice rodged a compraint a[eging that the petitioner is purchasing the Government banned gutka packets from the unknown person and selling the same to the customers at his shop. Accordingry, the comprainant and his staff apprehended the petitioner and seized tobacco products vizi.e.,1)V_01 Tobacco_2430 pouches, 2) SS One Tobacco-1980 pouches, 3) SR1_1 Tobacco_1400 pouches, 4) KP Double Black-455 pouches, 5) RR Gold_910 pouches, 6) Raja . Sree-360 Pouches, 7) Raja Tobacco-2g6 pouches, 8) MIRAZ Tobacco --- 3 Nr&/ Cr/.P.No./0M of 2025 105 Pouches, 9) RR Gold Tobacco-420 Pouches, 1D) ZLOlI Tobacco- 780 Pouches, 11) Swagath Tobacco-232 Pouches, 12) MAHA Baba Tobacco-49 Pouches, 13) Chaini Chaini Tobacco-'50 pouches, 14) Baba Tobacco-12 Pouches, 15) Amber Tobacco-175 pouches, 16) Rahagir Tobacco-20 Pouches, 17) M-SENTEt) Tobacco-1200 Pouchesm and 18) 410 Ciggarates-390 Packets under cover of panchanama.

9. The related Notification No.501/FSS/l/2022 dated

07.01 .2022,prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in ttte entire State of Telangana, has been stayed by the Hon'ble Supreme Court of lndia in Shri Venkateshwara Traders y. Sfafe of Telangana and others vide SLA No.20441 of 2021 with SLP(C) No.1656 ot 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No.295/R1-N5/2022 with directiorrs to the Station House Officers not to interfere with the business acti,rities, who carry out the business as per rules of Food Safety and Standards Authority of lndia and also not to take any coercive measures agarnst the tobacco traders as long as the order of the Hon'ble Supreme Cortrt is in force.

10. Having regard to this factual position, a Coordinate Bench of this Court in Crl.P.No.6235 ol 2022 held that against the allegations of I I i I I CrlP.No.7004 oJ 202 i \ *-- I illegal selling and transportation of tobacco products the Sections 188, 269,27O,212,273,278,328 read with Sections 511,336,409 and 420 of l.P.C.,would not attract andquashed the proceedings against the - petitioners therein. 11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Section 20 (2) of the COTPA and 274 & 2tS of BNS, 2023. 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, the 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.714 of 2025 of Hayathnagar Police Station, Rachakonda Commissionerate, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/- A.V.S.PRASAD DEPUTY REGISTRAR //TRUE COPY// -r/ To, SECTION OFFICER

1. The XIV Additional Metropolitan Magistrate Cyberabad, at Hayathnagar 2. The Station House otricer pJil" sllt,ii.,'nr"vr.trnagar, Rachakonda Districr 3. Two CCs to the pUBLtC. pROStCUibR r,,grht"rn at Hyderabad. (OUT) BALA MURALIiii,iJJ;i"ycjJucr . -- evvv \v\J, 3 ?;i BB B""E rpk/pSr. *ry Fr. 1 HIGH COURT DATED: 1310612025 1HE ST^r6 o' ( a J c o IIl JIJL M o( v z Ct t o6:SP^TC r-rEo * ORDER CRLP.N o.7OO4 of 2025 GRIMINAL PETITION IS ALLOWED 0l