High Court · 2025

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

2. The Sub- Inspector of Police, L.B.Nagar police Station, Rachakonda Dist. .,.RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS, praying that in the circumstances stated in the lt/emorandum of Grounds of criminal petition, the High court may be pfeased to quash the proceedings in FIR NO. S13 of 2025 on the file of L.B-Nagar Police Station, Rachakonda District against the petitioner. l.A. NO: 2OF 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 L_B.Nagar police Station, Rachakonda District to release the property found '1 . RR Tobacco - 235 packets , 2. Miraj Tobacco 70 Boxes, 3. Jarda 15 Kgs,4. Chaini Kaini 41 packets. Seized in FIR NO.513 of 2025 on the file of L.B.Nagar Police Station, Rachakonda District in favor of the petitioner/Accused no.1 . 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 THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.6 967 0F 2025 ORDER . This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023') seeking quashment of the proceedings against the petitioners in Crime No.S13 of 2025 of L.B.Nagar Police Station, Rachakonda.

2. The petitioners are arrayed as accused Nos.i and 2 in Ciime No. 513 of 2025 registered for the offences punishable under Sections 274 and 275 of Bharatiya Nyaya Sanhita, 2023 (for short ,BNS, 2023') and 2O(1) oI 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 petitioners and Mr.Jithender Rao Veeramarra, rearned Additionar pubric prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused Nos.1 and 2 are involved in selling and purchasing the banned robacco products and the Police concerned seized the said Tobacco products. \ 2 N7R./ Crl.P.No.6967 ol 2025

5. Learned counsel for the petitioner would submit that the \ doordinate Bench of this Court vlde 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 petitioners in the crime.

6. Learned Additional Public Prosecutor would submit that the petitioners have to face either investigation or trial and prove their innocence and instead of doing so, they have 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 30.04-2025 at 01:45 hours, the complainanusub lnspector of Police lodged a complaint alleging that the petitioner No.,l has purchased the Government banned tobacco products from petitioner No'2, storing the same at his shop and selling the same to the customers' Accordingly, the complainant and his staff apprehended the petitioner No.1 and seized tobacco products viz'' 1) RR Tobacco-235 packets, 2. Miraj Tobacco-7O boxes, 3) Jarda-'l5 Kgs and 4) Chaini Kaini-41 packets under cover of panchanama' Later on, petitioner No.2 was apprehended. I I 3 ,\'ni,/ Cr/.P.No-6967 ol ?0)i

9. The related Notification No.501/FSS/|/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 y. State of Telangana and others vlde SLA No.20441 of 2021 with SLP(C) No.'l656 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 lndia and also not to take any coercive measures against the tobacco traders as long as the I \ order of the Hon'ble Supreme Court is in force. \ I

10. Having regard to this factual position, a Coordinate Bench of this Court in Crl.P.No.6235 of 2022 held that.against the allegations of illegal selling and transportation of tobacco products the Sections 1gB, 269, 270, 272, 273, 278,328 read with Sections 5.1 1, 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 274 and 275 of BNS, 2023 and Section 2O(1) of the COTPA. 4 \IRJ (.rt.P.No-6967 al 2025 \2. 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 petitioners stand unsustainable' Accordingly' this Criminal Petition deserves positive consideration

14. Resultantly' the Criminal Petition is allowed' The proceedings against the petitioners/accused Nos'1 and 2 in Crime No' 513 of 2025 of L.B.Nagar Police Station' Rachakonda' are hereby quashed' Pending miscellaneous applications' if any' shall stand ilosed' SD/. MOHD. ISMAIL PUTY REGISTBAB,- //TRUE COPY// sECTloN gFFlcER To,

1. The ll Additional Judicial Magistrate-Cum Additional Junior at LB Nagar' Ranga ReddY

2. The Station House Officer' LB Nagar Police Station' Rachakonda District' 3. One CC to Mr. Y Bala Murali' Advocate [OPUC] 4.TwoCCstothePublicProsecutor,HighCourtfortheStateofTelanganaat HYderabad [OUT]

5. Two CD CoPies Sut/gh HIGH COURT DATED: 1310612025 ORDER -rHE S14 s or' Y o 2 3 Juil 26 (\( o CRLP.No.6967 of 2025 D.- _ THE CRIMINAL PETITION IS ALLOWED bal N