The High Court · 2025

The State of Telangana, through S.H.O, Jainoor Police Station, KBM Asifabad District, rep. by Public Prosecutor, High Court, Hyderabad, petition under section 528 of BNSS o'rr,"n'TiliTT:"J.|#:',#:Ji stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceeding against the Petitioner/Accused in C.C. No. 393 of 2022 on the file of Principal Junior Civil Judge at Komaram Bheem Asifabad District. 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 Jainoor to return the seized material i.e., '1) V-1 Tobacco small 98 big Plastic bags in that each big plastic bags contains B small plastic bags, each small plastic bag contains 65 packs, worth of each pack is Rs.30/-, total worth of Rs.15,28,8001-. 2) V-1 Tobacco big 24 big Plastic bags in that each big plastic bag contains 20 small plastic bags, each small plastic bag contains 52 packs, worth of each pack is Rs.30/- and worth of Rs.7,48,800/- all worth of Rs.22,77,6001- to the Petitioner in C.C. No.393 of 2022 on thefile of Principal Junior Civil Judge at Komaram Bheem Asifabad District to the Petitioner/Accused, pending disposal of the above criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Burri Grahesh, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent The Court made the following: ORDER *...*-.. -:f -.-; 4; ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7845 OF 2025 This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in C.C No.393 of 2022 on the file of the Principal Junior Civil Judge at KBM Asifabad, against the petitio n er/a cc u s ed

2. The petitioner is arrayed as sole accuseci in Crime No.21 of 2022 registered for the offences punishable under Sections 270, 273 of lndian Penal Code

3. Heard Mr.Burri Grahesh, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.

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 has seized the said Tobacco products worth of Rs.22,77,6001- from the possession of the petitioner.

5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vlde Criminal Petition Nos.3731 and Batch on considering similar allegations and the merits quashed the proceedhgs 1r CrLP.No.7845of 2025 against the petitioner therein. He further submits that the police have registered the present crime in violation of the orders passed by this Court. Hence, prayed for quashment of the proceedings against the petitioner.

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

7. I have perused the materials on record. B. As per the prosecution, on 29.01 .2022 at 19.00 hours, the complainanUhead Constable lodged a complaint alleging that the petitioner is running a kirana shop at Jamgoan village, and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1)V-1 tobacco small (98 big plastic bags, each big plastic bag contains B small piastic bags, each small plastic bag contain ns 65 packs, wroth of each pack id Rs.30, worth of Rs.15,28,800/-, 2) V-l Tobacco big 24 big plastic bags in that each big plastic bag contains 20 small plastic bags, each small plastic bag contains 52 , I 'ti I - *..{tai-=3.-r." -s:.:-ngl 3 NIR,/ ,)/.P.N0.781501 2025 packs, worth o{ each pack id Rs.30/- and worth of Rs.7,48,800/- all worth of Rs.22,1'7,600l- under cover of panchanama

9. lt is pe(inent to note that the related Notification No.50'1/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 y. Sfafe of Telangana and others vide SLA No.20441 of 2021 with SLP(C) No.'1656 ot 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No.295/R1-NS/2022with 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, a Coordinate Bench of this Court in Crl.P.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 1BB, 269, 270,272,273,278,328 read with Sections 511, 336,409 and 420 of l.P.C., cannot be maintained and quashed the .....-.' proceedin gs against the petitioners therein I l I i I I :l 4 Crt.l').N o.7 815 of 2025

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 270' 273 oI lndian Penal Code.

12. As noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition.

13. For that reason, the proceedings against the petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in C'C' No 393 of 2O22 on the file of the Principal Junior Civil Judge at KBM Asifabad District are hereby quashed. The petitioner- accused is granted liberty to file appropriate application for return of seized property' whereupon the trail Court is directed to release the seized property to the petitioner on proper acknowledgment. Pending miscellaneous applications, if any' shall stand closed' SD'. A.SREENIVASA REDDY TANT REGISTRAR //TRUE COPY// 1 The Princioal Junior Civil Judge at Komarambheem(KB z. The Judicihl Magistrate of First Class at utnoor' 5 iH 6i;iffi riort-" om""t, Jiinoor Police-station'.Distr ;. +;;Lc; b ir," Fruri. Piosecutor, High Court for the s Hvderabad [OUT] iji'"-cCi" Sii Two CD CoPies -au'rri N/Z Grahesh, Advocate [OPUC] NVB/sh .*-*-*--.lai*! ECTION OFFICER M), Asifabad District ict Asifabad. tate of Telangana at i i i i l I I To, HIGH COURT DATED:27t\OtZ02S I ORDER CRLP.No.7845 ot 2023 c a rlr 2025 ALLOWING THE GRIMINAL PETITION q