High Court · 2025

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad. 2, The Sub-lnspector of Police, Pahadishareef Police Station, Ranga Reddy Dist. ...RESPONDENT/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 in FIR NO. 235 of 2025 on the file of Pahadishareef Police Station, Rachakonda District against the Petitioner This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. Y. Bala Murali, Advocate for the Petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1 , and None Appeared for the Respondent No.2. The Court made the following: ORDER I THE HONOURABLE SRI JUSTICE N.TUKARAMJI !:ntUtr'lAr- PerlrtOru S ORDER This Criminal Petition is filed under Section S2B of Bharatiya Nagarik Suraksha Sanhita, 2O23 (for short 'BNSS, 2023') seeking quashment of the proceedings against the petitioner in Crime No.235 of i"1i 2025 of Pahadishareef Police Station, Rachakonda.

2. The petitioner is sole accused in Crime No.235 ot 2O2S registered for the offences punishable under Section s 272 and 275 of Bharaliya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and 2O(2) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short'COTPA').

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

4. The prosecution case in brief is that the petitioner/accqsed is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.'1,00,0004. I I ,.,,,. 1t.S0.69-rt 4 l0! i

5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court y,Ue Criminal Petition Nos.3731 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.08.2018. 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. Learned Additional Public Prosecutor would submit that the 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. B. As per the prosecution, on 30.04.2025 at 01:45 hours, the complainanUsub lnspector of Police lodged a complaint alleging that the petitioner is supplying the tobacco. products banned by the Government and selling the same to unknown persons. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products viz., 1) Swagath Gold Tobacco-1200 (packets), 2) Sagar Pan Masala-9,000 (Sachets), 3) Sagar Tobacco-24,OOO (Sachets), 4) Miraz Tobacco-9O0 (Packets), 5) Sudhakar Zarda-1200 (Packets),6) Raj Niwas pan Masala- 10,000 (Sachets), 7) Raj Niwas \ \ I tY I \ 3 lu,TR/ Cr/.P.No.i97b af 202i Tgbacco-10,000 (Sachets), B) Bahubati pan Masata_3000 (Sachets), 9) Bahubali Tobacco-6000 (Sachets), 10) Vimal pan Masala_6000 (Sachets), 1'l ) Virnat Tobacco_6000 (Sachets), 12) Kamala pasand pan Masala-3000 (sachets), 13) Kamala pasand robacco_9000 (Sachets), 14) Shikar pan Masala-900 packets, 15) RR Tobacco_3000 Sachets and 16) Surya chop Tobacco-3200 packets, which were totar worth of Rs.1,00,0001 under cover of panchanama. I

9. The related Notification No.501/FSS/l/2022 dated 07.01.2022, prohibiting manufacturing, storing, distribution, transportation and sare 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 y. Sfafe of Tetangana and others vrde 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-NS/2022 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 India 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.

10. Having regard to this factuar position, a coordinate Bench of this court in crl.p.No.6235 of 2022 held that against the allegations of t I 4 Lr/.P.N0.6979 ol ?025 rir'. illegal selling and transportation of tobacco products the Sections 'l88' 269,27O,272,273,278,328 read with Sections 511' 336' 409 and 42O of l.P.C., would not attract and quashed the proceedings against the petitioners therein. 11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 272 and 275 ol BNS, 2023 and Section 2O(2) of the COTPA' 12. As noted above, the conclusions drawn in the earlier criminal petition are squarely measurlng 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'235 of 2025 of Pahadishareef Police Station, Rachakonda' are hereby quashed' Pending miscellaneous applications' if anY' shallstalfl;';;:$"^,t DEPUTY REGISTRAR I //TRUE COPY// SECTION OFFICER The Principal Junior Civil Judge Cum Metropolitan Magistrate' Cyberabad at J To, 1 LB Nagar. I

2. The Station House Officer, Pahadishareef Police Station' Rachakonda District One CC to Mr. Y. Bala Murali' Advocate [OPUC] 3

4. two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies SwVANV w \ I I HIGH COURI' DATED: 1310612025 I I ORDER rHE Sre ,6 2 3 Jtjl\l iltfi ('

7. a .:, k,( o o i ( ( CRLP.No.6979 of 2025 -- -;i"' I THE CRIMINAL PETITION IS ALLOWED @ 6&l \aF