The High Court · 2025

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

2. The Sub-lnspector of Police, Kalwakurthy Police Station, Nagarkurnool Dist ...RespondenUComplainants 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 CC.No.162 of 2025 on the file of On the file of Principal Junior Civil Judge Cum Judicial Magistrate of First Class' At Kalwaykurthy, Nagarkurnool District against the Petitioner l.A. NO: 2 OF 2025 Petition under Section 528 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents/ Kalwakurthy Police Station, Nagarkurnool district to release the property 1)Vimal Pan Masala 208X4=832 pocket (Each one pocket 30 pouch), 2)Vl Tobaco 4 bags each one bag 208X8=832 (Each one pocket 30 pouch), 3)JAmbo Meeraz two cottons each one cotton 35 pockets' 4)RR Mnaj fi Bags each one bag 42 packel,S)Swagath Tobaco 60 packet, 6) RR24 Pan masala one cotton in the cotton 50 box and 7) Navorathan Pan masala 16 Boxes. All articles Total worth Rs.2,00,0001. seized in CC.No.162 of 2025 on the file of On the file of Principal Junior Civil Judge Cum Judicial Magistrate of First class, at Kalwaykurthy, Nagarkurnoor District Nagarkurnoor District in favor of the petitioners This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar Petition and upon hearing the arguments of Sri Bala Murari y, Advocate for the Petitioner and the public prosecutor (TG) on behalf of the Respondent No.2 and None appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI c RIMINAL PETITION No.9148 OF 2025 ORDER This Criminal Petition is filed under Section 528 o'f Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioners/accused Nos.1 and 2 in C.C.No 162 of 2025 on thefile of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Kalwakurthy, Nagarkurnool District.

2. The petitioners are arrayed as accused Nos.1 and 2 in C.C.No.'162 ol 2025 registered for the offences punishable under Sections 317(2) ot Bharatiya Nyaya Sanhitha, 2023 and Section 106(1) of BNSS and Section 3, 146, 130 rlw 177 of MV Act.

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

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 worth of Rs.2,00,000/- from the possession of the petitioners. 2 \ 4... N7R,rr Lrl.I'}.No.9I18 oJ 2025

5. Learned counsel for the petitioners would submit that a .l Coordinate Bench of this Court yide Criminal Petition Nos.3731 and Batch on considering similar allegations and the merits quashed the proceedings against the petitioner 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 in the calendar case.

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

8. As per the prosecution, on 11.12.2024 at 16.00 hours, the complainanVSub-lnspector of Police lodged a complaint alleging that the petitioners are illegally selling Pan Masala articles at Kalwakurthy, and retailing tobacco products by procuring from unknown persons and seized tobacco products 1) Vimal Pan [/lasala 208 x 4 = 832 packet (Each one packet 30 pouch), 2) Vl Tobacco 4 bags each one bag 208 x 8 = 832 (Each one packet 30 pouch), 3)Jambo Meeraz two cottons .each one cotton 35 packets, 4)RR Miraj 12 bags each one bag 42 3 NIRJ Cr/.P.No.9l1E of 202 i packet, 5) Swagath Tobaco 60 packet, 6) RR24 Pan l\tlasala one cotton 50 box and 7)Navorathan Pan Masala 16 Boxes, total worth of Rs.2,00,000/- from the possession of the petitioners under the cover of panchanama.

9. lt is pertinent to note that the related Notification No.501/FSS/|/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 Memorandum in RC.No. 295/R1-NS/2022 wrlh 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 petitioner vide 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, 270, 272, 273,278,328 read I I 4 .\'r{,/ ( ri.P.\o.9118 of 202i '1 with Sections 51'1 , 336, 409 and 420 ol 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 Section s 272, 275 of BNS, 2023 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 petitioner stand unsustainabre. Accordingry, this criminar petition deserves positive consideration.

12. Resultantly, the Criminal petition is allowed. The proceedings against the petitioner/accused Nos.1 and 2 in C.C.No.162 of 2O2S on the file of the learned principal Junior Civil Judge_cum_Judicial Magistrate of First crass at Karwakurthy, Nagarkurnoor District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed ,=8$'i'l-'i"lt?[EF ,,TRUE COPY" SECTION OFFTCER To, ; tu,eg}l{i.*ffiffi*il{ffi3l,$flq,"fp*fl^" J:: 1T"r,""'# ; w SM/PSL HIGH COURT DATED: 2310712025 29 JUt zffi a. )as;, -\ .l r\ ORDER CRLP.No.9148 ot 2025 ALLOWING THE CRIMINAL PETITION