The High Court · 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 quash the proceedings in FIR NO. 528 ot 2025 on the file of Saroornagar Police Station, Rachakonda District against the Petitioner. 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 respondents/ Saroomagar Police Station, Rachakonda District to release the property found l) RR Pan Masala- 3000 Pouches (50x60), 2) RR Pan Masala (Jardha) 2,500 Pouches (50x50),3) Miraj- 120 Pouches (8x15),4)Sagar Pan Masala- 3180 Pouches (53x60), 5) Shikar Pan Masala-270 Pouches (9x30), 6) Swagath Tobacco-13 Poches, 7) RR Kain-2400 Pouches (1 20x20),8) Vimal Pan Masala- 600 Poches(20x30), 9) Raja Kain-20 Pouches, 10) Raj Niwas -128 Poches (4x32). Seized in FIR NO. 528 of 2025 On the file of Saroomagar Police Station, Rachakonda District in favour of the Petitioner/ Accused no. 1. L.L --7 This Pertiliorr :oming on for hearing, upon perusing the l\/,lemorandum of Grounds of r_)rirrrnal petition and upon hearingr the arguments of sri Bala Murari '/, aclvocate for the petitioner and sri Jifl-encJer [:lao Veeramalra, Additional Pubrir: [)-osecutor on beharf of the Respondent r,,ro.1 and none appeared for Flesp c ndent No.2. The Court macle the. following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI cRIMINAL PETITION No. 7226 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 petitioners in Crime No.52B of 2025 of Saroornagar Police Station, Rachakonda District.

2. The petitioners are accused Nos.1 and 2 in Crime No.528 of 2025 registered for the offences punishable under Sections 274 and 275 rlw.3 (5) of Bharatiya Nyaya Sanhita ,2023 (for short 'BNS, 2023') and Section 20 (2) of the Cigarettes and Other Tobacco Products Act (for short'COTPA') 2003.

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 Nos.1 and 2 are involved in selling and purchasing the banned Tobacco 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 wde Criminal Petition No'3731 of 2018 2 NT&/ (rl.,t: ,\0.7226 of 2025 and Batch quashed the proceedings against the pertitioner,; therein by -) passing comnr,)1 order dated 27.08.2018. He further subnrits that the 2nd respondr:n tlas registered the present crime in violi,rtion of the orders passed :y this Court. Hence, prayed for quashrrent of the proieedings ageinst the petitioner in the crime.

6. Learned r\dditional Public Prosecutor woul(l subnrit that the petitioners hiav: to face either investigation or trial and crove their lnnocence and nstead of doing so, they have filed the pres,::nt criminal petition, whicrl cannot be considered at this stage.

7. I have penrsed the materials on record.

8. As per tre prosecution, on 21 .05.2025 at 18.30 rours, the complainant/S;utr..lnspector of Police lodged a comprlaint al eging that the petitioners/ac cused Nos.'l and 2 running a shoc at Kharmanghat, and by purchasirrg tobacco products banned by the Goverrment from local distributrrrr;, selling the same at their shop. Ar;cor,.iingly, the complainant anr1 his staff apprehended the petitioners a rd seized tobacco procluctr;'l ) RR Pan Masala Tobacco (3000 pouche s), 2) RR Pan Masala (Jardha) (2500 Pouches,3) Miraj (120 pouches),4) Sagar Pan Masala (i,1tlrl pouches),5) shikar pan Masala (270 po.rches),6) Swagath Tcrbacccr (13 Pouches), 7) RR Kain t:241)0 f,ouches), 3 Arr&/ CrLP.No.7226 o/ 2025 8) Vimal Pan Masala (600 Pouches), 9) Raja Kain (20 Pouches) and 1O) Raj Niwas (128 Pouches), under cover of panchanama. 9- The related Notification No.501/FSS/l/2022 daled 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. Sfafe of Telangana and others vrde SLA No.20441 of 2021 with SLP(C) No.1656 of 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC'No' 295/R1-NS/2022 wilh 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 ot 2022 and batch 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 51 1' 336, 409 and 420 of l.P.C., and Sections 20 (1) and (2) of COTPA would not attract and quashed the proceedings against the petitioners I t therein. r 'r !t rtt t tGlE !U \ 11 . ln thr: rrstant petition, the prosecution lor pos session and allegation cf r;ae arraigned the offences under serctr.ns 274 and 2lS r/w. 3 (5) rrf BlrlSi, 2023 and Section 20 (2) ot COTPA, it0O:,

12. As n.tecl above, the concrusions drawn in the ea.rier criminar petition are squarely measuring up the predicanrent in the present petition.

13. For tira{ reason, the proceedings against the peti.ioner stand unsustainabte Accordingry, this criminar petitior creser,res positive consideratior-r

14. Resultant,y,, the Criminal petition is allowed, fher prr.ceqdings against the pet t,oners/accused Nos.1 and 2 in Crime No.52rj of 2025 of saroorna,rar Porice Station, Rachakonda Dist-ict, arr.r hereby quashed. Thr'-' pretitioners-accused Nos.1 and 2 are 1;rarrted riberty to file appropriate i:oplication for return of seized propert)/, wlrereupon the trial C >rrrt s; directed to release the seized prc pert I to the petitioner on proper acknowledgment. Pend'n,1 rniscellaneous applications, if any, shall stand closed. SDi.,I\.V.S.PRASAD DEPU]Y REGISTRAR //TRUE COPY// SEC TION OFFICER

1. VAdditional Jurior Civil-Cum-V-Additional Metropolitan Magislrate, LB Nagar, Ranga redciy

2. The Staticr Hcuse Officer, Saroornagar Police Station Racha.ronda 3. Two CCs tc, tlr<: Public Prosecutor, High Court for the {itate of -elangana at Hyderabad lC LJ ll

4. One CC to Sr tsala Murali Y, Advocate [OPUC] 5. Two CD ()oPi')s To, ,,f HIGH COURT DATED: 1810612A25 ORDER CRLP.No.7226 of 2025 -''a'- :--::,r\ t I ,:.-- j .\ .il .-* /-ril 't.' \ t t 'iut M j:) l .i t,,r L\r 7l (.-, .L "i ALLOWING THE CIIMINAL PETITION