The High Court · 2025

This Pr:ti-irln coming_ on for hearing, upon perusing the Memorandum of ^ brounds of C.inri.a I petition and ,po, n.irinjiherarguments o. Mr. S. Chandra sekhar, Advoc;rtr: frr rhe petitio;; ,"; ih: Jithender F:ao Veeramalta, Additional pub,li<: r: r:secutor on behalf o? tf,u Sifu,il"spondent .lrll=r.. The Court macle ftre following: OROER &&ei&*.*- THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7005 OF 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 petitioner in Crime No-235 of 2025 of Pahadishareef Police Station, Rachakonda Commissionerate-

2. The petitioner is arrayed as accused No. 1 in Crime No.235 of 2025 registered for the offences punishable under Sections 272 and 275 of Bharatiya 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, 2OO3 (for short 'COTPA').

3. Heard Mr. S. Chandra Sekhar, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Addi{ional Public Prosecutor, i :l representing the respondent.

4. The prosecution case in brief is that the petitioner/accused is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.1 ,00,0001-

5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vrde Criminal Petition Nos.3731 and Batch quashed-the \_ proceedings against the petitioners therein by passing common order dated I 2 _\ .1\ \ ','r, I \ , '\./ , . ;.1,.\o.700 j ol20? j \ 27 .08 2018 11: further submits that the respondent has registered the i t violation of the orders passed by thir; Court. Hence, prayed present ctint€. for quashrne rrt O' the proceedings against the petitionerr in ,he ( rime.

6. Learrec r,dditional public prosecutor wourd sLrbmir tha: the petitioner has to fa*; oirrril'investigation or triar and prove his innocernce and instead of doing so, tre ras filed the present criminal petition, whi.;h cannot be considerecl a t tlisi stage. 7 . I ha..te p() ltsed the materials on record

8. As p,_.r tie prosecutio n, on 29.O4.2O25 .1t 19.0(r hours, the comprainant/,rb- nspector lodged a compraint areging that th() petitioner rs running a kirarrzr shop at Jalpally Village, Balapur [\4andal, l:langa Reddy District, anrl t,y curchasing tobacco products banned try,the Gol,ernment from unknown perscrn I and selling the same at his kirana shop. Acrlordingly, the complainant .rnJ his staff apprehended the petitioner anrl seized tobacco products viz. Swagath Gold Tobacco _1220 (packets), 2 Sagar pan wlasala-g,O0O (S rrchets), 3) Sagar Tobacco_24,000(Sachets ), 4) Miraz Tobacco-901 (trerkets), 5) Sudhakar Zarda_1200 (packet;), €) Raj Niwas Pan Masala-10. JO0(Sachets), 7) Raj Niwas Tobacco_10,000 (Sachets), 8) Bahubali Pan A4asala-3000 (Sachets), 9) Bahubali Tobacc,r-60()0(Sachets), 10) Vimal Par l\4asala-6000 (Sachets), 11) Vimal Tobacco.600rl (Sachets), 12) Kamala );:sand pan Masala_3000 (Sachets), .1 3) (am ala pasand lobacco-90(rO (l;?chets), .14) Shikar pan Masala_9000 packe;ts, 1S) RR 7 .) J \7lu Crl.P.\o;0O; nl 2O)i I i Tobacco.3o0o Sachets and ,16) Surya Chop Tobacco.g2oo packets, which were total worth of Rs.1,00,0001 under cover of panchanama' * t

9. The related Notification No 501/FSS/I/2022 dated 07 'O1 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 v' State of Telangana and others vrde SLA No'20441 of 2021 with SLP(C) No 1656 oI 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 order of the Hon'ble Supreme Court is in force' 0 f

10. Having regard to this factual position' a Coordinate Bench of this Court in Crl.P.No.623 5 of 2022 held that against the atlegations of illegal selling and transportation of tobacco products the Sections 188' 269' 27O' 272' 273' 278' 328 read with Sections 511, 336' 4Og and 42O of I 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 ariaigned the offences under Sections 272 and 275 of BNS' 2023 and 20(2) of COTPA. 12. As noted above, the conclusions drawn in the earlier criminal petition - are squarely measuring up the predicament in the present petition' 4 t I \,t -tltti \7]t./ 'O-l

13. For tlrit reason, the proceedings against tho p(,)titioner stand unsustainable. Accordingly, this Criminal petition des(,)rves positive consideratio 1

14. Resu t:rn 1y'. the Criminal petition is allowed. The proce:dings against the petitione r/;: c c used No.'r in crime No. 235 of 2o2s of pahad shareef porice Station, Rar h:rlrrnda Commissionerate, are hereby qua:jhec. Further, the station Hcur;e, 'l fficer/rnvestigating officer is hereby directed to return the seized properly tn identification and verification under,lue ;rckn cwledgment. PenCinrJ rniscellaneous applications, if any, shall stand cl)sed. SDI. MOHD.IS/I/IAIL DEPLITY REGIgtRAR To, 1 //TRUE COPYII -/ U SEOTION OFFICER The Prirrcipa r 'runior civir Judge cum Metroporitan Magistrale, cyberabad at l louse Officer, pahadishareef police Sitation, Rachakonda Two CCs :o ,tr: public prosecutor, High Court for the State of Telangana at Hyderabac [3 tJT] 9n" 99 to lvlr. S Chandra Sekhar, Advocate [Opur]l Two CD 3r>prie s L.B. Nagar 2. The Station D istrict. 1,p 3 4 E l l -.e'* 1,1 11.: *+_=+\- (: J o ? I tttll 2925 \ I\ /) t I-i L\) (s( L) .\ HIGH COURT DATED:1 3t06t2)2s ORDER CRLP.No.700E of 2O2S ALLOWING THI: CRIMINAL PETITION @ 6lv(