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. 369 o{ 2025 on the file of AJ Mills Colony Police Station, Warangal District against the Petitioner. LA. 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 / AJ Mills Colony Police Station, Warangal District to release the property 1) Amber Tobacco- 04x 500 = 2000t-,2) RR Gold - 1 X 500 = 500/-, 3) Miraj-1 x500 = 500/-, 4) Baba black Tobacco- 2x 300= 600t, 5) K.P double black 10x50=500/-, 6) V-1 Tobacco-39x5O='1 ,950^, 7) J.K Tobacco- 10x250=2,5O01-, 8) Elvee Tobacco-Quimam 14x500 =8,400/-, 9) Tara kesari Quimam Tobocco 162x500 =81,000, 10) Rajasri Quimam Tobacco- 107x500=53,500, 1 1) Vimal 52x200=10,400 which were Total worth Rs.1,68,B50t seized in FIR No.369 ot 2025 on the file of AJ Mills Colony Police Station, Warangal District in favor of the petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocate for the Petitioner and Mr. JITHENDER RAO VEERATVALLA, the Additional Public Prosecutor on behalf of respondents. The Gourt made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.8509 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 in FIR No.369 of 2025 on the file of the AJ lt/lills Colony Police Station, Warangal District, against the petitioner/accused.

2. The petitioner is arrayed as sole accused in FIR No.369 of 2O2S registered for the offences punishable under Section s 222, 225 of BNS

3. Heard lvlr. Y.Bala lVurali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.

4. The prosecution case in brlef 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.1,68,850/- from the possession of the petitioner.

5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court ylde Criminal Petition Nos.373'l and Batch on considering similar allegations and the merits quashed the proceedings against the petitioner therein. He further submits that the police have 2 \1lt./ Cr1.P.\o.3;t)9 oi ltD t - registered the present crime in violation of ihe 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 ispending.Howeverfairlyadmittedthatintheauthoritycitedbythe 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 26062025 at 17'40 hours' the complainanUhead Constable lodged a complaint alleging that the petitioner is running a kirana shop near Sai Baba temple, Shivanagar' Warangal and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his pan shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1)Amber Tobacco -04x500= Rs'20001)' 2) RR Gold - 1 x 500 =Rs'500i-, 3) Miraj-1 x 500 = Rs'500/-' 4) Baba Black Tobacco - x 300 + Rs.6001,5) K'P double black 10 x 50 = Rs.500/-, 6) V-l tobacco - 39 x 50 = Rs.1,950/-' 7) J K Tobacco - 10 x 250 = Rs 2500/-, 8) Elvee Tobacco -Quimam 14 x 500= Rs'8'4001' 9) Tara kesari Quimam Tobacco 162 x 500 = Rs.81,000/-, 10) Rajasri t 3 NTR./ (.r1.P.|',o.E i{)9 01 2025 Quimam Tobacco - 107 x 500 = Rs 53,500/-, 11) Vimal 52 x 2OO = Rs.1 0,4001 total worth Rs.1,68,850/-

9. lt is pertinent to note that 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 vlde SLA No.20441 of 2021 with SLP(C) No.1656 of 2022. Thereafter, the Director General of Police, Telangana State issued Circular I\/emorandum in RC.No. 295/R'1-NS/2022wilh 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 '188, 269, 27O,272,273,278,328 read with Sections 511, 336, 409 and 420 of l.P.C., cannot be maintained and quashed the proceedings against the petitioners therein. 4 ,r'itt./ (.r/.P.lr,.8 i( )r) ol lOli

11. ln the instant petition, the prosecution for possession and - allegation of sale arraigned the offences under Sections 272, 25 o'f BNS.

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 FIR No.369 of 2025 on the file of the AJ Mills Colony Police Station, Warangal 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 lhe petitioner on proper acknowledg ment. Pending miscellaneous applications, if any, shall stand closed. To, //TRUE COPY// SD/- MOHD.ISMAIL DEPUTY REGISTRAR SECTI o(B;,",*

1. The I Additional Judicial First Class Magistrate at Warangal. 2. The Station House Officer, AJ Mills Colony police Station, Warangat Dist

3. One CC to Sri Bala Murali Y Advocate [OPUC] 4. Two CCs to Srr. Public Prosecutor, High Court for the State of Telangana

5. Two CD Copies GR M. HIGH COURT DATED:1010712025 ORDER CRLP.No.8509 of 2025 THE..] \ 1 () t * * rar,) , i THE CRIMINAL PETITION IS ALLOWED 1 t\: