The High Court · 2025

The State of Telangana, through S H.O. Parkal police Station, Warangal District, rep. by Public Prosecutor, High Court, Hyderabad. ...Petitioner/Accused ...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 proceeding against the Petitioners/Accused rn Crime No. 151 of 2025 on the file of P.S. Parkal Police Station, Warangal District, and consequently direct the Police Parkal to return the seized material in crime No. 151 of2025. l.A. NO: 2 OF 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 Police Parkal to release the seized material i.e_, 1) Anar Tobacco Packets - 27, WRs. 13,500/-, 2) JK Tobacco packets - 123, WRs.30,7501, 3) RR Tobacco Packets - 30, WRs. 15,000/-, 4) Amber Big Size Packets - 6, WRs. 15,000/-, 5) Swagath Packets - 7, WRs. 3,500/-, 6) RR No..t - 4, WRs. 2,0001-, 7) RMD Box-12, WRs. 12,000/-, 8) M-Gotd Box - 14, WRs. 14,0001-,9) Baba Black Packets - 15, WRs. 4,50Ot-, 10) Vl Tobacco packets - 62, WRs. 3,'100/-, 11) Tara Kesari Dabbalu - 7, WRs.3,S1Ot-, 12) Tara Rajsree Boxes - 12, WRs. 12,000ltotal worth of Rs. 1.'18,8501 in Crime No. 15'l of 2O2S on the file of P.S. Parkal Police Station, Warangal District to the Petitioners/Accused, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the lr/lemorandum of Grounds of Criminal Petition and upon hearing the arguments of sri Burri Grahes. A j Additional Public Prosecutor on behalf of the Respondent. ",ccate for the Petitioner and Srt Jithernder Reo veeramalla, The Court made the fcllowing: ORDER =j::s*h:irs+Fr THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7231 OF 2025 ORDER This Criminal Petition is flled under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioner in Crime No 151 of 2025 of Parkal Police Station, Warangal District.

2. The petitioner is accused in Crime No.151 of 2025 registered for the offences punishable under Sections 272, 275 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023').

3. Heard Mr.Burri Grahesh, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, 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.1,18,8501.

5. Learned counsel for the petitioner would submit that the coordinate Bench of this court yide criminal Petition No.3731 0t 2018 and Batch quashed the proceedings against the petitioners therein by 2 Nlll'/' (:)i.P.\ ,.721/ 0J2025 passing cornmorl order dated 27'OB'2018' He furtherr sLbmi:s that the Police have reciistered the present crime in violalion of t he orders passed by this ('o lrt Hence' prayed for quashment of tfre ptoceedings against the lletlt c'rrer in the crime' 6. Learnecl li'jditional Public Prosecutor woul(l strbm t that the petitioner fra:,; tc face either investigation or trial and prove his innocence and instead of doing so' he has filed the pres()nt criminal petition, u/hi6h 1;ilrrnot be considered at this stage' 7 I have perused the materials on record' prosecution, on 31 .05.2025 at 11 45 hours' the 8. As ller ttre comPlainant/H() rd Constable lodged a complaint allegirrg that the petitioner is runring a kirana shop at Parkal Town' an'l b) purchasing tobacco prorJttct; banned by the Government fronr unkno'run persons' sering the siarre at his kirana shop. Accordingry, the ,rom crainant and his staff apprr)rended the petitioner and seized tobacco products 1) Anaar Tobac':ro (27 packets worth Rs'13'500/-)' 2) JK T>bacco (123 packets rvorth Rs.30,700/-), 3) RR Tobacco (30 pe ckets worth Rs.15,000/-t, 4) Ambar Big size packets (6 packets worth Rs 15'000/-)' 5) Swagath (,' packets worth Rs'3'500/-)' 6) R R f'lo l (4 6ackets worth Rs.2,000i-) 7) tllvD box (12 packets worth Rs'12"lOO/-)' B) M-Gold Box (14 packets rvcrth Rs 14,0OO/-)' 9) BABA Black (15 packets worth I I I Cr/.P.N0.72) I oJ?025 Rs.4,500i-), 10) V-1 Tobbaco (62 packets worth Rs'3'10O1-)' 11) fara Kesari boxes (7 packets worth Rs 3,500/-) and 12) Iara Raja Sri (4 boxes worth Rs.2,000i-) which were total worth of Rs'1'18'850/- under cover of panchanama. The related Notification No.501 /FSS/|/2022 dated 07 .01.2022, L 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 Tradersv. Sfafe ofTelangana and others wde SLA No'20441 ot2021 with SLP(C) No.1656 of 2022 Thereafter' the Director General of Police, Telangana State issued Circular Memorandum in RC'No' 295iR1-NS/2022 wtlh 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 orders 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, 27 0, 27 2, 27 3, 27 8, 328 read with Sections 51't' 336' 409 and 42O of l.P.C., would not attract and quashed the proceedings against the t \ petitioners therein. t ,,-:9" 11 . ln tht: irrst rnt petition, the prosecution fol pc'sse ;sion and allegation ol sale arraigned the offences under Serltior s 2 t2' 275 of \ BNS,2023. 12. As nc,ted ilbove, the conclusions drawn in the t:arli :r criminal petition are sqr.trl'ely measuring up the predicament n tlre present petition.

13. For tha': 1)ason, the proceedings against the petitioner stand unsustainable A,ccordingly, this Criminal Petition der;ervr)s positive consideration

14. Resttltantl'. the Criminal Petition is allowed The pror;eedings against the petitioner/accused in Crime No'151 of 20i?5 c'f Parkal Police Station, \\;lrangal District, are hereby quashe'J Tlre p:titioner- accused is grarrted liberty to file appropriate application for return of seized propert)', trrhereupon the trial Court is direck;d to rel'-'ase the seized property tc the petitioner on proper acknowlerigm:nt Pendin,g rriscellaneous aPPlicatjols. if a1y, shal] slanc closed. Sd/- S. MALLII(ARJUNA RAO ASSISTAI'IT REGISTRAR //TRUE COPY// I To, ,l 1. Additional .lurlrctal First Class [Vlagistrate, Parkalv 2. The Statiorr l-(ruse Officer, Parkal Police Station, Warangral 3. Two CCs tc tlr,: Public Prosecutor, High Court for the State of lelangana at \ ! secflott oFFtcER Hyderabad [()liT]

4. One CC :o Sr i Fturri Grahesh, Advocate [OPUC] 5. Two CD 3oPies ABKIPST, HIGH COURT DATED: 1810612025 ORDER CRLP.No.7231 ol 2125 ALLOWING THE 13IIIMINAL PETITION 4r=r '."{ ri ,a_, Y' .J (_) f: n I ,iLrl 2025 v z. t l+:,:...irf; --i_;-r:l *