The 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, Matwada Police Station, Warangal Dist. ...RespondenUComplainant Petition under Section 528 of B.N.S.S 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.238 of 2025 on the file of Matwada Police Station, Warangal District against the Petitioner. LA. NO: 2OF 2025 Petition under Section 528 of B.N.S.S praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents / Matwada Police Station, Warangal District to release the property 1)M. Gold packets. 160 x Rs. 1000 = Rs. 1,60,0001, 2) Mirage packets.35 x Rs.500 = Rs. 17,500/-,3) J.K.3320 packets. 110 x Rs.250 = Rs.27,5001,4) Baba Black packets.503 x Rs.300 = Rs. 1,50,900/-, 5) V1 packets. 14 x Rs. 50 = Rs. 700/-,6) SSI packets. 18 x Rs.100 = Rs. 1,800/, 7) K.P. Double Black packets. 7 x Rs. 100 = Rs. 7001, B) ZLOl packets.6 x Rs. '100 = Rs.600/-,9) Maximus packets.210 x Rs. 10 = Rs,2, 100/-, 10)ZX packets. '16 x Rs. 100 = Rs. 1,600/-, 1't) M. Gold packets.6 x Rs. 100 = Rs. 6001-, 12) Anar packets.200 x Rs.500 = Rs.1,00,000/-.Total value. Rs.4,64,000/- Seized in FIR No.238 ot 2025 on the file of Matwada Police Station, Warangal District in favor of the Petitioner. This Petition coming on for hearing, upon perusing rhe Memorandum of Grounds of criminar petition and upon l'earing 'the argurrents of sri y. Bara Murali, Advocate for the petitioner and the 5ri Jithende,r Rao veeramalla, Additional Public Prosecutor on behalf of the Respondents The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6981 ot 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.23B of 2025 of Matwada Police Station, Warangal District.

2. The petitioner is sole accused in Crime No.23B of 2025 registered for the offences punishable under Sections 272 and 275 of Bharaliya Nyaya Sanhita,2023 (for short 'BNS, 2023')

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/accused is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.4,64,0001. S. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vlde Criminal Petition Nos.3731 and Batch quashed the proceedings against the petitioners therein by t' E-. 2 --i \7 it., Lrl.P \0.698 | a lo! i passing common order, dated 27-o8.2018. He further submits that the 2nd respondent has registered the present crime in vioration 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 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

8. As per the prosecution, on 01 .06.2025 at . 7:50 hours, the complainanU Sub lnspector of police lodged a complaint alleging that the petitioner was found in possession of a litrge quantity of Government banned tobacco products. Accordingly the complainant and his staff apprehended the petitioner and seized tobacco products viz., 1) M. Gold Packets: 160 x Rs.1000= Rs.1,60,000t-,2) Mtage packets: 35xRs.500= Rs.i 7,500/-, 3) J.K. 3320 packets: 1'1OxRs.250=Rs.27,5OOl-, 4) Baba Black packets: 503 x Rs.300= 1,50,900/-,5) Vl packets:14 x Rs.50=Rs.700A,6) SSt packets: 1B x Rs.'1 00=Rs.1 ,8001-,7) K.P.Double Btack packets: Zx Rs.100/-,8)ZLO1 packets: 6 x Rs.100 = 6001,9) Maximus packets: 210 x Rs. 10= Rs.2,100/-, 10) ZX packets: 16 x Rs.100 Rs.1 ,6()0/-, 11) M Gold 3 .\ rR./ Cr/.t'.\t.693I ot ?0?; packets: 6 x Rs.'100 = Rs.600/- and 12) Anarpackets: 200 x Rs.500 = Rs.1,00,0001, which were total worth of Rs.4,64,000/- under cover of panchanama.

9. The related Notification No.501/FSS/l/2022 dated 07.01 .2l22,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 othersyldeSlA No.20441 of 2021 with SLP(C) No.1656 ot 2O22. Thereafter, the Director General of Police, Telangana Stale 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.

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 1BB,

249.270,272,273,278,328 read with Sections 511, 336, 409 and 420 4 \-'I \l-N; (.r/.1) N0.698 I t1 202 t of l.P.C.,would not attract andquashed the proceed ngs against the petitioners therein -

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sect ons 272, 275 of BNS,2023

12. As noted above, the conclusions drawn in th: earlier criminal petition are squarely measuring up the predicament in the present petition '13. For that reason, the proceedings against th€ petitioner stand unsustainable. Accordingly, this Criminal Petition,leserves positive consideration-

14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in Crime No.23B of .2025 of Matwada Police Station, Warangal District, are hereby quashed Pending miscellaneous applications, if any, shall stand closed SD/- MOHD.ISMAIL I)EPUry REGISTRAR //TRUE COPYII \ To, SECTTON OFFICER

1. The lll Additional Junior First Class Magistrate at Warangal. 2. The Station House officer Mrt*;;; ;f;yi;;Bi""tTi,l,,w"r,,nsat District ' Ilo""?r"oll",thePublic I 9n" Qp l_o S1i y.6ata Murati, Advocate tOpUCl 5. Iwo CD Copies p,os.criJiligl'c.Iriit"i ii" st.rte of retansana at NVB/PSL HIGH COURT DATED:1 310612025 ) R IHE S I.r 14: o ( o o Ol JtlL M * hi" o4 rC c€.o 6 ( z o a .+ ORDER CRLP.No.6981 of 2025 ALLOWING THE CRIMINAL PETITION o( o