The High Court · 2025

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana HYderabad. 2 rhe su b - r n spector of Por i ce, p h adern n,, t:.lR?3F3"ilbE {+i88,fidP Pf,,llI-, Petition under section,528 oI 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. 254 oI 2025 on the file of Chaderghat Police Station, Hyderabad District against the Petitioner l.A. NO: 2OF 2025 I 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 / chaderghat Police station, Hyderabad Disirict to release the property, 1) Donex cigarreltes-200 Packets' (Each Packet contains .10 boxes, each box contains 20 cigarettes), 2) Peacock cigarettes-125 Packets. (Each Packet contains 10 boxes, each box contains 20 cigarrettes), 3)WlN cigarettes-2 10 Packets. (Each Packet contains 10 boxes, each box contains i0 cigarettes. Total 535 packets, 1,07,000 cigarettes approx. worth of RS 10,70,000/: Seized in FtR NO. 254 ol 2025 on the file of Chaderghat Police Station, Hyderabad District in favor of the Petitioner/Accused' 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 SRl. JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondents' The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITIO N No. 8677 0F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya NagarikSurakshaSanhita,2023(torsho('BNSS'2023')seeking quashment of the proceedings, against the petitioner in Crime'No 254 of2025,onthefileoftheChaderghatPoliceStation,Hydearabad.

2. The petitioner is accused in C'C'No'254 of 2025 registered for the offences punishable under,,sections 318(4) read with 3(5) of BNS and 2O(2) of COTPA Act. 3 HeardMr.Y.BalaMurali,learnedcounselforthepetitionerand 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 seized the said Tobacco products' a

5. Learned counsel for the petitioner would submit that the CoordinateBenchofthisCourtyrdeCriminalPetitionNo.3T3.lof20lB and Batch quashed the proceedings against the petitioners therein by passing common order dated 27 OB'2018' He further submits that the 2 Cr/.P.N0.867 7 oJ 2025 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 petitioner in the crime.

6. Learned Additional Public Prosecutor would submit that the petitioner has to face either investigation or trial and prove their innocence and instead of doing so, he filed the present criminal petition' which cannot be considered at thrs stage.

7. I have perused the materials on record

8. As per the prosecution, on 29.06.2025 at 20.30 hours, the complainanUsub-lnspector of Police lodged a complaint alleging that the petitioneriaccused is procuring and selling various brands of foreign cigarettes without any invoice bills to local merchants, pan shop vendors, kirana shops and petty vendors from a godown located at Akberbhag, Malakpet, Hyderabad. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) Donex Cigerattes-200 packets (Each packet contains 10 boxes, each box contains 20 Cigerattes), 2) Peacock Cigerates-125 packets (Each packet contains .10 boxes, each contains 20 Cigerattes)' 3) WIN .box Cigarettes-2'l0 packets (Each packets contains 10 boxes, each box contains 20 Cigerattes), under cover of panchanama. 3 ,\1ti,/ ( rl.P \,t.361,' al 202t g.TherelatedNotificationNo.50I/FSS/I/2022dated07.01.2022' prohibiting manufacturing, storing, distribution' transportation and sale of gutka and pan masala in the entire State of Telangana' has been stayedbytheHon'bleSupremeCourtoflndiainShriVenkateshwara Traders v. State of Tetangana and others vlde SLA No 20441 ol 2021 with SLP(C) No.1656 ot 2022 Thereafter, the Director General of Police, Telangana State issued Circular l'4emorandum in RC.No.295iR1 -NS]2O22 with directions to the Station House Officers not to interfere with the business activities, who carry out the business asperrulesofFoodSafetyandStandardsAuthorityoflndiaandalso 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 batchheld that against the allegations of illegal selling and transportat'ton of tobacco products' the Sections 1BB, 269, 270,272,273,278,328 read with Sections 511' 336, 409 and 420 of l.P.C.,and Sections 20 (1 ) and (2) of COTPA would notattractandquashedtheproceedingsagainstthepetitronerstherein. I I ..t Cr/.P \0.36 77 af 2025

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 3'18(4) read with 3(5) of BNS and 20(2) of COTPA Act.

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.254 of 2025 of Chaderghat Police Station, Hyderabad, are hereby quashed. The petitioner- accused is granted liberty to file appropriate application for return of seized property, whereupon the trial Court is directed to release the seized property to the petitioner on proper acknowledgment. Pending miscellaneous applications, if any, shall stand closed. SD/. L,VIJAYA LAXMI ASISSTANT REGISTRAR To, //TRUE COPY// SECTION OFFICER 1 2 The VilrAdditionar chief Judiciar Magistrate at Hyderabad, Hyderabad District The Station House Officer Chaderghat police Station, Chaderghat, Hyderabad District I 3 One CC to SRI BALA MURALI Y Advocate IOPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies VM/PSL +fl- .HIGH COURT DATED: 1410712025 ORDER CRLP.No.8677 of 2025 ALLOWING THE CRIMINAL PETITION o6 q 3 o Y THE S t4 7: 2 4 JUL 2025 ,l ; a * \) PAT' k\t :1'r \: * I I I I