High Court · 2025

of Telangana, Rep. by its Public Prosecutor, High Court at

2. S. Sadiaiah, ASI of police, P.S. Matewada, Warnagal ...Respondents 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 stay all further proceedings including the appearance of the Petitioner/Accused in Cr.no.27512025 of P.S. I\Iatewada, Warangal and dispense with the filling the certified copy of the F.l.R.. l.A. NO: 2OF 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 to return the seized products i.e. 1) Baba '120-boxes 120x650-78,000/-, 2) Baba Plus 91-boxes 91x50=4550/-, 3) Baba Eaglez Jardha 44-packets 44x10O=44O01-, 4) Loose Baba Jarsha 69-packets 69x100-69001 ,5) Baba Black Jardha 8-packets 8x200-1600/-, 6) SSI tobacco 46-packets 46X50-2300/-, 7) Amber Tobacco 9-packets 09x500-4500/-. Which i' ':;- Er are totar varue. 1 ,02,250/- of the petitioner/Accused in cr. no.2 75t2025 0f p .s Matewada, Warangal / l.A. NO: 3 0F 2025 Petition under Section s2g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to stay aI further proceeding incruding the appearance of the Petitioner/Accused in Cr.no.27 SIZO25 of p.S. l/atewada, Warangal. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of tMr NANDA KrsHoRE YADAV, Advocate for the petitioner and Mr. E.GANESH, the Assistant Public Prosecutor (TG) on beharf of the Respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER l\ I THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL CRIMINAL PETITION No.7759 of 2o25 ORDER: This petition is filed under Section S2B of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking to quash the proceedings in Crime No.275 of 2O2S on the file of the Matewada Police Station, Warangal District against the petitioner-accused.

2. Heard Mr.Nand Kishore yadav, learned counsel for the petitioner arrd Mr.E.Ganesh, learned Assistant public Prosecutor appearing for the State-respondent No.1.

3. The brief facts of the case are that on 23.06.2025 at 16.3O hours, a complaint was filed by the complainant respondent No.2-ASI of Police stating that on 23.05.2025 at l4.OO hours, when he and PC-3053, Mr.Abhilash were on patrol in the Battala Bazar area, Matwada, at about 15.O0 hours, they received information that the Govemment prohibited tobacco products are being sold. Upon receiving the said information, the de-facto complainant and other police officers reached the spot at 15. 15 hours, where, on seeing them, one person attempted to escape from the shop and then they apprehended a€ 2 EVI/,J CRL.P.No7759 of 2025 him and seized some bags, which he was carrying and found banned tobacco items. Subsequently, the police called two panch witnesses and conducted enquiry in their presence. The accused disclosed his narne as Dheeraj Kolaria son of Prameshu'ar Kolaria resident of Opposite Kakatiya Talkies, Matwada, Warangal and he confessed that he is running business by name Navaratal Traders, since the income is not sufficient, to earn easy money, he had bought prohibited tobacco items as such Gutka, Jardha etc., from Bedar at cheaper rates and selling at higher prices and earning huge profits and in the process three days ago he went to Bedar and bought the prohibited tobacco items and while he attempted to sell the same, the police have apprehended him. The police seized and confiscated the packets in the presence of panchas. The worth of the banned products is of Rs. l,O2,2SO / _. Accordinglv a complaint has been registered against the petitioner for the offences under Sectio ns 222 and 225 of BNS. 4 . Learned counsel for the petitioner would rely on the judgement passed by the High Court of patna in the matter of Omkar Agencg a The Food. Safetg and. Sto;ndards Authoritg .:I 3 EryJ CRL.P.No7759 of 2025 of Inid.at . He a,lso relied upon the order passed by this Court in Cr1.P.No.3737 of 2018, wherein this Court held as under: TLe allegations made in the chorge sh-eet coupled u.tith the statements recorded bg the police duing inuestigation under Section 161 (3) of Cr.P.C do not disclose inEredients to constitute an offence punishable under Section 237 of IPC. Hotueuer, it is consistent uiew of the prosecution from the beginning that these petitioners u.tere found transporting Pan Masala, KLnini and cheuing tobacco in the different uehicLe refered supra, but, transportation of noious food uiz., khainin and cheuing tobacco is not including in the offence punishable under Section 272 IPC. Manufactuing Pan Masola is not included in Section 273 of IPC, hence, manufacturing of Pan Masala is not an offence since it is not a noious food-

5. Learned counsel for the petitioner also relied on the judgment of the Hon'lcle Apex Court in the matter ol State of Haryana u Bho.ian LaP. The guideline No.7 of the judgment is extracted as under:

7. Wlere a ciminal proceeding is manifestlg attended uith mala ftde and/ or Luhere the proceedirlg is maliciously instituted uith an ultertor motiue for wreakirlg uengeance on the accused and uith a uieu to spite him due to priuate and personal grudge." ' AIR 2016 Patna 160 (Division Bench) ' 1992 Srpp. (I) SCC 335 4 DryJ CRL.P.No7759 of2025

6. Learned counsel for the petitioner would rely on the order passed by the coordinate Bench of this Court in Crl.P.No' 152 of 2O2l , d.atedO5.O7.2O2l and submitted that the case in hand is squarely covered by the order passed by this Court and seeks to allow this criminal peLition.

7. On the other hand learned Assistant Public Prosecutor rvould submit that the crime in question is investigated upon and charge sheet has been laici before the concerned criminal Court. The truth can be elicited after conducting fulfledged trial, therefore, interference of this Court at this stage is not warranted, hence seeks to dismiss this criminal petition.

8. The offences and the sections of 1ar.t, under which the petitioner \\ras ailegei under Sections 272 and 275 of IPC, u,hich are extracted hereunder:

272. Adulteration of food or drink intended for sale- Whoever adulterates any article of food or drink, so as to make such article noxious as food or drink, intending to sell such articie as food or drink, or knowing it to be likely that the same will be sold as food or drink, shall be punished with rmprisonment of either description for a term which may extend to six months, or u'ith hne which may extend to one thousanci rupees, or with both.

275. Sale of adulterated drugs-Whoever, knowing any drug or medical prepararion to have been adulterated in such a manner as to lessen its effrcacy, to change its I ) /./ / t I \ 5 E''Y,J CRL.P.No7759 itf 2025 operatton, or to render it noxious, sells the same, or offers or exposes it for sale, or issues it from any dispensary for medicinal purposes as unadulterated, or causes it to be used for medicinat purposes by arly person not knowing of the adulteration, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both. 9' As seen from the record, this court of is the view that the allegations against the petitioner in the complaint do not levelled to the relevant sections of law. More over the High Court of Patna in the matter of Omkar Agencg (cited supra) had held that chewing tobacco is not a food product as defined under Section 3(1) of F.S.S Act., hence the question of attracting Sections 222 and. 2ZS of IpC does not arise. A coordinate bench of this Court in Crl.p.No.3731 of 2018 has clearly held that "the petitioners were found transporting pan Masala, Khaini and chewing tobacco in different vehicles, but, transportation of noxious food viz., khainin and chewing tobacco is not included in the offence punishable under Section 272 IPC". In respectful agreement with the judgement passed by the High Court of patna and the order passed by Court in . Crl.P.No.373 I of 2018, the proceedings in FIR No.275 of 2O2S on the file of the Matwada police Station Warangal District are liable to be quashed. , I 6 EW,J CRL P.No7759 <f 2025 | ta::... . .' ..,..t :l

10. Accordingly, this criminal petition is atlowed and the proceedings in FIR No.275 of 2O2S on the file of the Matwada Police Station, Warangal District, against the petitioner are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed SD/- MOHD.ISMAIL DEPUTY REGISTRA.R //TRUE COPY// SECTION OFFICER \l To, '1 . The lll - Additional Judicial First Class Magistrate at Warangal. 2. The Station House Officer, Matwada Police Station, Warangal Dist. 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

4. One CC to Mr. NANDA KISHORE YADAV, Advocate [OPUC] 5. Two CD Copies RCYPSL U. HIGH COURT DATED: 0310712025 ORDER CRLP.No.7759 ot 2025 EH1 14s Bo e 13 ilE M (i( D t 0^., ., 7 Accordingly, this Criminal Petition is Allowed. 1