High Court · 2025

2. Vallepu Srikanth, S/o.Sadanandam, OccDriver,aged33years, R/o.16-6- . B2,Perukawada, Khila Warangal. Warangal. ...PETITIONER/ACCUSED No. 1 and 2 AND

1. The State ofTelangana, Rep by its Public Prosecutor, High Court for the State ofTelangana Hyderabad

2. The Sub-Inspector of Police, AJ Mills Colony Police Station. Warangal Dist. ... RESPOT{ D ENT/ COM PLAI NANTS 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. 300 of 2025 On the file of Al Mills Colony Police Station, Warangal District against the Petitioner and pass I.A. NO: zOF 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 / AJ Mills Colony Police Station, Warangal District to release the property Swift Dzire car bearing no. TS 24 G 1395 both went to Mahabubabad and there purchased 03 bags (300 x 25- 7500 Packets) of Tobacco products (Ambar) Rs.75000/-. Seized in FIR NO. 300 of 2025 On the file of Al Mills Colony Police Station, Warangal District in favor of the Petitioner/A-1, and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.'1 and none appeared for the Respondent No.2. The Court made the following: ORDER 7 ORDER THE HONOURABLE SRI JUSTICE N.TUKAIIAMJI CRIMINAL PETITION No. 7028 OF 2o25 This Criminal Petition is filed under Section 5,28 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023') seeking quashment of the proceedings against the petitioners ir Crime No.300 ot 2025 of AJ Mills Colony Police Station, Warangal District.

2. The petitioners are arrayed asaccusedNos.l and 2 in Crime No.300 of 2025 registered for the offences punishable under sections 272 and 275 of Bharatiya Nyaya Sanhita, 2023 (tor shorl ,BNS, 2023').

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

4. The prosecution case in brief is that the petitioners/accused are involved in selling and purchasing the banned robacc. products and the Police concerned seized the said Tobacco products.

5. Learned counsel for the petitioners would submit that the coordinate Bench of this court vrde criminal petition Nos.3731 and Batch quashed the proceedings against the petitionerrs therein by . passing common order dated 2l .og.2o11. He further scrbmits that the 2 NL CrtP.No.7028 o!2025 \ 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 thatthe 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. B. As per the prosecution,on 20.05.2025 at 17.30 hours, the complainanUsub lnspector lodged a complaint alleging that the petitioners are purchasing tobacco products banned by the Government from unknown persons and selling the same in Pan shops' Accordingly, the complainant and his staff apprehended the petitioners and seized tobacco products i.e, 03 bags (300 x 25-7500 packets) of Tobacco products (Ambar) Rs.750001 under cover of panchanama'

9. The related Notification No.501/FSS/|/2022 dated 07.O1.ZO22,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 Venkateshwara Traders v' State of Telangana and --€t{i 3 N.r&/ Crl.P.No.7028 0J2025 othersvideSLA No.2044'l ot 2021 with SLP(C) Nc.1656 of 2022. Thereafter, the Director General of Police, Telangarra State issued Circular Memorandum in RC.No.295/R1-NS/2022 with directions to the Station House Officers not to interfere with the busines;s activities, who cairy out the business as per rules of Food Safety and Standards Authority of lndia and also not to take any coercive rneasures against the tobacco traders as long as the order of the Hon'bkr Supreme Court is in force. I I

10. Having regard to this factual position, a Coordinitte Bench of this Court in Crl.P.No.6235 ot 2022 held that against tlre allegations of illegal selling and transportation of tobacco products t re Sections 1 88, 269,270, 272,273,278,328 read with Sections 511, :t36, 4Og and 420 of l.P.C.,would not attract andquashed 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 of BNS,2023.

12. As noted above, the conclusions drawn in thr.. earlier criminal petition are squarely measuring up the predicamert in the present petition. 4 rY7\. CrlP.No.7028 oJ 2025

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 in Crime No.300 of 2O2S of AJ Mills Colony Police Station, Warangal District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY I I SD/. A.V.S.'PRASAD DEPUTY REGISTRAR CTION OFFICER To,

1. The I Additional Judicial Magistrate of First Class, Warangal 2. The Station House Officer, Police Station, AJ Mills Colony, Warangal 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 4 One CC to SRI BALA MURALI Y Advocate Advocate [OPUC] 5. Two CD Copies Tpk/gh HIGH COURT DATED:13lOGl2O2s ORDER CRLP.No.7028 of 2O2S oC 1nE S rrq 14: ( J )l' Ol JUL M $ ( > o I t oF in,1TCHr:o CRIMINAL PETITION IS ALLOWED \o