The High Court · 2025

The State of Telangana, through Station House Officer, Police Station Pahadishareef, rep by Public Prosecutor, High Court at Hyderabad. ...RespondenUComplainant 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 F.l.R.No.234 ol 2025 date 29-04-2025 of Police Station Pahadishareef against the petitioners/A-1 & Accused No.2 herein, for the interest of justice. l.A. NO: 1OF 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 pass an order, directing the Station House Officer, Police Station Pahadishareef to release/return the following seized material from the shop of petitioners/A-1 & A-2 in F.l.R.No.234l2025 dated. 29-4-2025 i.e. 1) Sagar Tobacco-14,000 (Sachets), 2) Sagar Pan Masala-'14,000 (Sachets), 3) Miraz Tobacco-210 (Sachets), 4) RR Tobacco-10500 (Sachets), 5) RR Pan Masala- 10500 (Sachets), 6) Shikar Tobacco-9540 (Sachets), 7) Kamala Pasand Tobacco-19200 (Sachets), 8) Kamala Pasand Tobacco-19,200 (Sachets) 9) Kamala Pasand Pan Masala-19,200 Sachets, 1 0) Raj Niwas Tobacco-28,800 Sachets, 11) Raj Nivas Pan Masala-28,800 Sachets, 12) Bahubali Tobacco- 21,600 sachets, 13) Bahubali Pan masala-21,600 sachets, 14) V-1 Tobacco- 27,000 sachets, 15) Vimal Pan Masala-27,000 sachets, 16) Baba Nauratan Pan Masala-14,400 sachets, 17) 24 Carcal an masala- 10,000 sachets '18) Pan Bahar Pan masala-1000 sachets, 19) Swagath Tobacco-650 sachets, Total worth about Rs.12,00,000/- and handover the same to the petitionersi,\- j and A-2, pending disposal of main Crl.P. in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. S. Chandra Sekhar, Advocate for the Petitioners and the Mr. Jithen,ler Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent. The Court made the following: ORDER / ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 697't OF 202s This Criminal Petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2O23 (for short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioners in Crime No.234 ol 2O2S of Pahadishareef Police Station. Rachakonda.

2. The petitioners are arrayed as accused Nos..l and 2 in Crime No.234 of 2025 registered for the offences punishable under Sections 272,.275 of Bharatiya Nyaya Sanhita,2O23 (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. S. Chandra Sekhar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional public prosecutor, representing the respondent.

4. The prosecution case in brief is that the petitioners/accused are involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.12,00,0001.

5. Learned counsel for the petitioners would submit that the Coordinate Bench of this Court yrde Criminal &i,on Nos.3731 and Batch quashed trc proceedings against the petitioners therein by passing common order, date6 i 2 \ltt\ (.ri.l'j \0-6r- I ol :01;

27.08.2018. He further submits that the respondent has registered the present crime rn violation of the orders passed by this Ccurt. Hence, prayed for quashment of the proceedings against the petitioners in the crime.

6. Learned Additional Public Prosecutor would submil 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 petitiott, which cannot be considered at this stage.

7. I have perused the materials on record.

8. As per the prosecution, on 29.04.2O25 at 21.00 hours, the complainanUSub-lnspector lodged a complaint alleging that the petitioner No.2 is running a kirana shop at Jalpally Village, Balat,ur l/andal, Ranga Reddy District and petitioner No.1 is the worker in said kirana shop. They brought the government banned gutka packets and tobacr;o related products for more income from one Sri Heeralal resident of Begunt Bazar and selling the same in kirana shop. Accordingly, the complairant and his staff apprehended the petitioners and seized tobacco products i.e., 1) Sagar Tobacco-14,000 (Sachets), 2) Sagar Pan Masala-14,000 (Sachets), 3) Miraz Tobcco-2'l0 (Sachets), 4) RR Tobacco-'l0500 (Sachets), 5) RR Pan Masala-l0500 (Sachets), 6) Shikar Tobacco-9540 (Sar;hets), 7) Kamala Pasand Tobacco-19200 (Sachets), 8) Kamala Pasand Tobacco-19,200 (Sachets), 9) Kamala Pasand Pan Masala-19,200 Sachets, 10) Raj Niwas Tobacco-28,800 Sachets, 11) Rai Nivas Pan Masala-28 800 Sachets, 12) I J 3 \'lR,/ (.r!.l'.),0.69; I o1 20!i Bahubali Tobacco-21 ,600 sachets, 1 3) Bahubali Pan Masala-2'1 ,600 sachets, 14) V-l Tobacco-27.000 sachets, 15) Vimal Pan Masala-27,000 sachets, '16) Baba Nauratan Pan Masala-14,400 sachets, 17) 24 Caffat an masala- 10,000 sachets '18) Pan Bahar Pan masala-1000 sachets and 19) Swagath Tobacco- 650 sachets, which were total worth of Rs.'l 2,00,0001 under cover of panchanama.

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 v. Sta(e of Telangana and others vlde SLA No.20441 of 2021 with SLP(C) No.1656 ol 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC,No. 295/R1-NS/2022 with directions to the I 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 { t 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 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 188, 269, 270,272,273,278, 328 read with Sections 511, 336, 409 and 42O of l.P.C., would not attract and quashed the proceedings a!6inst the petitioners therein. G 4

11. ln the instant petition, the prosecution for possessi,tn and allegation of sale arraigned the offences under Sections 272,275 of B\S, 2023 and 2O(2) of COTPA.

12. As noted above, the conclusions drawn in the ear ier criminal petltion are squarely measuring up the predicament in the presenl petition.

13. For that reason, the proceedings against tho petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioners/accused in Crime No.234 of 2025 of Pahadishareef Police Station, Rachakonda, are hereby quashed- Further, the Station House Officer/ lnvestigating Officer is hereby directed to retum the seized property on proper identification and verification under due acknowiodgment. Pending miscellaneous applications, if any, shall stald closed. //TRUE COPY// sD/- MOHD.tSrl/tAtL DEPUTY REgIYTRAR u/ To, L.B.Nagar. SECTION OFFICER 1 The Principal Junior Civil Judge-cum-Metropolitan Magistrate, Cyberabad at 2. The Station. House Officer, Pahadishareef police {itation, Rachakonda 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to Mr S. Chandra Sekhar, Advocate [OPUC] 5. Two CD Copies Hyderabad [OUTI District. HIGH COURT DATED:1310612025 I ORDER CRLP.No.6971 of 2025 ( + J c t-) H ,,} -\. "^'a\i 27 JUl'l M * ALLOWING THE CRIMINAL PETITION t C "r,