The High Court · 2025

1. The State of Telangana, Rep..by its Public Prosecutor, High Court at Hyderabad.

2. P. Laxminarayan, Sub lnspector of police, P.S. Chaitnyapuri, Rachakonda ...RESPONDENTS/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the t\nemorandurn of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioners/Accused. No.1 and 2 in Cr.No.498/2025 of P.S. Chaitnyapuri, Rachakonda, pending on the file of the lV AMM Court, L.B. Nagar, Rachakonda and direct the lnvestigating Officer to return the seized property 1) RR Gold Tobacco-S3 Packets, 2) RR Pan Masala- 30 Packets, 3) RR Tobacco-O5 Packets, 4) Raja Tobacco-O4 Packets, 5) Swagath Gold Tobacco-1 3Packets,6) Chaini Premium Filter-07 Packets, 7) Sagar Pan Masala-11 Packets, SR-1 Tobacco- 3Spackets, 9) Vimal Kins Pan Masala-20 Packets, 10) V-1 Kins Tobacco-20 packets,l 1)Amber Tobacco-15 Packets Filter 07 Packets, 7) Sagar Pan Masala- 11 Packets, SR-1 Tobaceo-35packets 9) Vimal Kins Pan Arlasala-2O Packets, 10) V-l Kins Tobacco-20 packets, 1 1) Amber Tobacco-15 Packets,l2) SS One Tobacco-40 Packets. 13)Shikar Pan Masala-32 Packets, 14)Raj Niwas- 05 Pan Masala Packets, 15) ZL-01 Zafrani Zarda-1o Packets, 16) Kamala Pasand Pan Masala-18 Packets, '17)K P Double Black-56 Packets, 18) Vimal Pan Masala-Z8 Packets, 19) V-1 Tobacco-41 Packets,20) Maha Baba Tobacco-10 Packets to the petitioner in the interest of justice. ''f,Ea:'f,-47 ,i:,i; - -':*i:'- -f l.A. NO:2 oF 2025 Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar Fetition, t" nigt-cor.t.n'rv be.pleased to stay ail further proceedings incruding ttre appeaianc"-oi it" Petitioners/Accused.No l and 2 .in ciNo.498t2ois of i.b.-c;;it"y;p;r,, Rachakonda, hyderabad pending on the file of the IVAMM f_.ANag;i-"' "ou.t, l.A. NO: 3 OF 2025 Petition under Section_ 5ag of BNSS praying that in the circumstances stated in the Jr/emorandum of Grounds of criminar petition, the High court may be pleased to direct to return the 1) RR Goto iouacco-S3 packets,2) RR pan Masala.- e! f_a9fets, 3) RR Tobacco_b^s packets, +i naja Tobacco-O4 packeis, s; swagath Gold robacco- 13packets,6) chaini premium Firter-O7 packets, 7) sagar Pan. Masala- r 1 Packets, sR-1 Tobacco- sspactets, s) vimar Kins prn rrrr"l"r"-zo Packets, 10) V-i Kins Tobacco_20 packets,l t;arO", Tobacco-.1 5 packets Fitter 0_7 Pa_ckets, 7) Sagar pan. Masata_ 11 packets, SR_t tob"""o_SSof<ets Sf Vimaf Kins Pan Masara-2O packets, 10) v-l Kins Tobacco-2O packets, 1 1) Amber Tobacco-15 Packets,'r2) SS one Tobacco-4O pr"t"tr. 13)Shikar pan Masara-32 Packets, '14)Ra1 Niwas- 05 pan tMasata pacteis, 15) zL_01 Zafrani Zarda_1O Packets, 16) Kamala pasand pan Masala_18 pr"l"tr, 1Z)K p Double Black_56 Packets, 18) Vimar pan J\rrasara-28 packets, rsi v-r robaccO-41 packets,20) Maha Baba Tobacco-10 packets as per seizure panchnama of petitioner/Al in cr'No.49B/202s of ps. chaitnyapuri, r-e. Nagai plloirg on the fire of the rv At\rM court, L.B.Nagar. This Petition coming, on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon n"i?i.g ihe arguments of sri NAND Kls+{oRE YADAV, Advocate for the petitioneTs and Mr. JTTHENDER RAo VEERAMALLA, the Additionar pubric p..os."rtor-on beharf of tn" n"rponiunt No. 1. The Court made the following: ORDER - ..i. .'.-::. THE HONOURABLE SRIJUSTICE N. TUKARAMJI CRIMINAL PETITION No.75l3 ot 2025 ORDER: This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioners in Cr.No.49B of 2025 on the file of Chaitanyapuri Police Station, Rachakonda District.

2. The petitioners are accused Nos.1 and 2 in Crime No 49B of 2025 registered for the offences punishable under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023' ) and Section 20(2) ot COTPA Act.

3. Heard Mr.Nand Kishore Yadav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, for the respondent No.1-State.

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 has seized the said Tobacco products from their possession. 2

5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vide Criminal petition Nos.3731 and Batch, on considering similar allegations and the merits quashed the proceedings against the petitioners therein. He further submits that the 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.

6. Learned Additional Public Prosecutor would submit that the petitioners have been found with the Tobacco products and investigation is pending. However fairly admitted that in the authority cited by the petitioners in the similar circumstances, the proceedings against the petitioners therein were quashed.

7. I have perused the materials on record B. As per the prosecution, on 30.05.2025 at 12.00 hours, the Sub lnspector of Police lodged a complaint alleging that the petitioner No.1 is running a shop at H.No..l-6-514, Road No.02, Chaitanyapuri Colony, Rangareddy District and retailing tobacco products by procuring them from a supplier by name Nasir and seized tobacco products (1) RR Gold Tobacco- 53 packetsr *-4 ! I I ...t 3 (2) RR Pan Masala-30 Packets, (3) RR Tobacco-O5 Packets' (4) Raja Tobacco-04 Packets, (5) Swagath Gold Tobacco-13 Packets, (6) Chaini Premium Filter- 07 Packets, (7) Sagar Pan IVlasala- 11 Packets, (8) SR-1 Tobacco-35 packets, (9) Vimal Kins Pan ltlasala- 20 Packets, (10) V-1 Kins Tobacco-2O packets' (11) Amber Tobacco- 15 Packets, (12) SS One Tobacco-40 Packets, (13) Shikar Pan lVlasala- 32 Packtes, (1a) Raj Niwas- 05 Pan Masala Packets, (15) ZL-01 Zafrani Zarda-1l Packets' (16) Kamala Pasand Pan ttlasala- 18 Packets, (17) KP Double Black-56 Packets, (18) Vimal Pan Masala-28 Packets' (19) V-1 Tobacco-41 Packets, (20) Maha Baba Tobacco- 10 Packets from the possession of petitioner No'1 under the cover of panchanama.

9. lt is pertinent to note that the related Notification No.501/FSS/|/2022dated07-Ol.2022,prohibitingmanufacturing' 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 others vide SLA No'2O441 of 2021 with SLP(C) No.1656 of 2022' Thereafter' the Director General of Police, Telangana State issued Circular Memorandum tn'- R.C.No.295/R1-NS12O22 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 similar factual position in the criminal petition relied on by the petitioners vide Crl.p.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 1Bg, 269, 270, 272, 273, 278, 328 read with Sections 51 1, 336, 409 and 42O of l.P.C., cannot be maintained and quashed the proceedings against the petitioners therein.

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 274,275 of BNS, 2023 and 2O(2) ot COTPA as noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition, for that reason, the proceedings against the petitioners stands , , ' I i , 5 unsustainable. Accordingly, this Criminal Petition deserves positive consideration

12. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.1 and 2 in Crime No.498 of 2025 on the file of Chaitanyapuri Police Station, Rachakonda District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. \ To, t SD/- L. VIJAYA LAXMI ASSISTANT REGTSTRAR 6b SECTION OFFICER //TRUE COPY//

1. The lV Additional Metropolitan Magistrate cum lV AJCJ at L B Nagar' Rachakonda.

2. The Station House Officer, Chaitanyapuri Police Station' Rachakonda' 3. One CC to Sri. Nand Kishore Yadav Advocate [OPUC] 4. Two CCs to Public Prosecutor' High Court for the State of Telangana' HYderabad. [OUT]

5. Two CD CoPies GR/sh P [--- l' HIGH COURT DATED:24106t202s ORDER CRLP.No.7513 of 2O2S i -/a=1--==::\- .,.(ir;di s iq]--\ .f . <\)' " r, .::..--,

1.. ,1 t. 1)ai 16 SEP 2025 t ,) THE CRIMINAL PETITION IS ALLOWED /'A) \;, ( A-- v 4 '1, r i I I I i i t t :