The High Court · 2025

Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to quash the proceedings in FIR No. 402 of 202s 6n the file of Abdullapurmet Police station, Rachakonda District against the petitioner. l.A. NO: 2 OF 2025 Petition u4der Section 529 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/ Abdullapurmet police stationJ nacrrar<onia District to release the property found 1) RM-01 Tobacco - 10,500 ioucnes, z; vt Tobacco - 5,850 Pouches, 3) RR Gold Tobacco _ 4,200 pouches, a1 SS One ]9b9cco - 3300 Pouches, 5) RR Tobacco -1,300 pouches,6) Kp Double Black _ 2640_ P-olches,7) Mirai - 600 pouches, 8) Brack Laber 18- 570 pouches, 9) sR 1 5690 Pouches, 10) Swagath - 650 pouches,ll)ZL 0.1 _ 690 pouchls, tZ) Raja Tobacco- 286 Pouches, 13) Maha Baba Tobacco _60 pouches, 14) ZM 01 - 1500 Pouches '15) Amber- 250 pouches, 16) chaini 150 pouches'i.e. totar 38,146 Pouches ;e i:ed in FIR NO. 402 of 2025 On the file of \bdullapurmet Police Station, [ilachakonda District in favor of the petitione' No. 1 This Petil.icn ccming on for hearing, upon perusing the lvl,')morandum of Grounds of Criminirl Petition and upon hearing the are uments of Sri BALA MURALI Y, lidvooate for the Petitioners and Sri. J ITH::NDER RAO VEERAMALLA, the l\dditional Public Prosecutor for the S;tate of Telangana on behalf of the Resf',ortdr:nt Nos. 1 & 2. The Court made the {ollowing: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.7 378 0F 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.402 o'f 2025 of Abdullapurmet Police Station, Rachakonda District.

2. The petitioners are accused Nos.1 and 2 in Crime No.402 of 2025 registered for the offences punishable under Section 223 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. Leamed counsel for the petitioners would submit that the Coordinate Bench of this Court vrde Criminal Petition No.3731 of 2018 and Batch quashed the proceedings against the petitioners therein by 2 A'IR,/ ( ,,)'' 0.7i78 oJ 2025 Y-1 \ - passing comrlon order dated 27.08.2018. He further subm ts that the 2nd responclent ias registered the present crime in orders pas$ed t'1' this Court Hence, prayed for quashn'ent of the 'iolaiion of the proceedingsj ;tgit rrst the petitioners in the crime'

6.Learne,lltrlditionalPublicProsecutorwoulcsr:bmtthatthe petitioners [;1yr; to face either investigation or trierl and rlrove their innocence iind rls;tead of doing so, they have filed the presr':nt criminal petition, wh jcfr c;annot be considered at this stage'

7. I have oellsed the materials on record

8. As pe" trr; prosecution, on 15'06'2025 al 20 15 hours' the complainanUlsut,-lnspectorofPolicelodgedacorrlslaintallegingthat thepetitionerNc.lisrunningashop,andheissellingtobacr:oproducts banned by the Government, by purchasing the same frorr petitioner No.2. Acr;ord ngly, the complainant and his stafl appretlended the petitioners and s;eized tobacco products 1) RM-01 T'rba(ico (10'500 Pouches), 2)\'l 'Iobacco (5,850 Pouches), 3) RR Gcld Tobacco (4'200 Pouches), 4i SSi' One Tobacco (3300 Pouches), 5) RR Tol'acco (1300 Pouches), ,5) KF' Double Black (2640 Pouches), 7) Miraj (60t) Pouches)' 8) Black laberl 'l;3 (570 Pouches),9) SR 1 (5600 Por-rches) '0) Swagath (650 Pouchr:sr, 11) ZL 01 (690 Pouches), P) r14a Tcbacco (286 Pouches), 13) Maha Baba Tobacco (60 Pouchesl 14) Zt\t 01 (1500 .4<<- < -t Cr/.P.N0.7178 oJ2025 Pouches), 15) Amber (250 Pouches) and 16) Chaini Chaini (150 Pouches), under cover of panchanama.

9. The related Notification No.501/FSS/l/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. Sfate of Telangana and others vide 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 of 2022 and batch held that against the allegations of illegal selling and transportation of tobacco products, the Sections 188, 269, 27O,272,273,278,328 read with Sections 511, 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 therein. I t ' !' lr., )78 o/2025 \ 11 . ln tl-re irstant petition, the prosecution fo' ttossi)ssion and allegation of szrle arraigned the offences under Seotions 223 of BNS, 2023 and Se,;ti:n 20 (2) of COTPA, 2003.

12. As nolecl above, the conclusions drawn in lhe ear ier criminal petition are sc ttarely measuring up the predicamr?nt in lhe present petition.

13. For th;at reason, the proceedings against thr: petitioners stand unsustainabl,:. Accordingly, this Criminal Petition desen'es positive consideratior.

14. Resr-ilt;antly, the Criminal Petition is allowed. Ihe' prc'ceedings against the petit oners/accused Nos.1 and 2 in Crime No.40i2 of 2025 of Abdullapr-rrnret Police Station, Rachakonda Dislrict, ar,: hereby quashed. I h,l l),?titioners-accused Nos.1 and 2 are l;ranted liberty to file appropriarte application for return of seized propertv. w'tereupon the trial Corrrt ir; directed to release the seized properly to the petitioners on p roper acknowledgment. Pendir,g nr scellaneous applications, if any, shall stancr closed. //TRUE COPYII SDi- A.V.S.PRASAD DEPU ry REGISTRAR i SECITION OFFICER To,

1. The Statio,r l-1,::se Officer, Abdullapurmet police stat,on, Ract.akonda. 2. One CC to S ri. Bala Murali Y, Advocate [OPUC] 3. Two CCs t: [)rblic Prosecutor, High Court for the Stale o'Telangana at Hyderabac (CrtJT)

4. Two CD C rp ets GR/PSL *P HIGH COURT DATE D: 1 ADeil2025 ORDER CRLP.No.73'18 ot 2025 ;t, (r ,l I ti JUN 2025 2 \r LrtrO ALLOWING HE CRIMINAL PETITION bl\d ^