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. 395 of 2025 on the file of AJ Mills Colony Police Station, Warangal District against the Petitioner. RespondenUComplainant 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 respondents/ AJ Mills Colony Police Station, Warangal District to release the property 1) Anar tobacco-20x500 = 10,000, 2)Amber tobacco-30x500 = 15001,3) RR tobacco 23x500 = 11,500i-,4) Babai btock jardha-55x250 = 13,750,5) JK tobacco-23x200 = 4600i-, 6) V-l tobacco 126x50 = 6,300/-, 7) Vimal panmasala-40x250 = 10,000, 8)M-Gold tobacco-4x1000 = 4000/- , 9) Babai 120 tobacco 2x600 = 12001 which were Totat worth Rs.76,350/- seized in FIR NO. 395 of 2025 on the file of AJ Mills Colony Police Station, Warangal 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 Sri Jithender Rao Veeramalla, the Additional 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 SRt JUSTICE N.TUKARAMJI CRIMINAL PETITION No.921 9 0F 2025 ORDER This Criminal Petition is filed under Section 529 ot Bharatiya Nagarik Suraksha Sanhita, 2OZ3 (for short ,BNSS, 2023,) seeking quashment of the proceedings, against the petitioner/accused in crime No.395 ot 2025 on the file of the AJ Mills Colony police Station, Warangal District.

2. The petitioner is arrayed as sole accused in Crime Case registered for the offences punishable under sections 212 and 275 of Bharatiya Nyaya Sanhitha, 2023.

3. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and tvlr.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 robacco products worth of Rs.76,350/- from the possession of the petitioner.

5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vide Criminal petition Nos.3731 and Batch on \r-i 2 \"1R,/ (.ri.l'.\0.92 l9 ttf 202i 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 petitioner in the calendar case

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 lhe similar circumstances, the proceedings against the petitioner therein were quashed

7. I have perused the materials on record

8. As per the prosecution, on 09.07.2025 at 17.30 hours, the complainanusub-lnspector of Police lodged a complaint alleging that the petitioner is illegally selling Tobacco products in his pan shop at SRR Thota, Karimbad, Warangal, and retailing tobacco products by procuring from unknown persons and seized tobacco products 1) Anar tobacco-20x500=10,0001, 2)Amber tobacco-30x500=1500/-, 3) RR tobacco 23x500=11,500/-, 4)Babai Block Jardha- 55x250=13,750/-, 5)JK tobacco-23x200=4,600/-, 6)V-1 tobacco 126x50=6,300/-, 7)Vimal Panmasala-40x250/-=10,000i-, 8)M-Gold tobacco-4x1000=4,000/- and 9)Babai 120 tobaco 2x600=1200/-, total ,7 3 N]R,/ Cr/.P.No.9219 ol 202i worth of Rs.76,350/- from the possession of the petitioner under the cover of panchanama. lt is pertinent to note that the related Notiflcation 9. 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' State of Telangana and others vide SLA No.20441 oI 2021with SLP(C) No 1656 ot 2022' Thereafter, the Director General of Police' Telangana State issued Circular Memorandum in RC No' 295/R1-NS/2O22wilh 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 with Sections 511, 336,409 and 420 of l'P'C'' cannot be maintained and quashed the proceedings against the petitioners therein' 4 ,\_7R./ a. 9 2 I 9 o/ 202 t ^: a)./_ P-

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 212,275 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 unsustainable. Accordingly, this Criminal petition deserves positive consideration.

12. Resultantly, the Criminal petition is allowed. The proceedings against the petitioner/accused in crime No.395 of zo25 on the file of the AJ Mills Colony Police Station, Warangal District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed Sd/. T. JAYASREE DEPUW REGISTRAR To, //TRUE COPYII SECTION OFFICER 1 . The 1"t Additional Judicial First ClassMagistrate at Warangal. 2. The Station House Officer, AJ Milts Cotoiy eof ice Station]Warangaf 3. One CC to Sri Bala Murali, y Advocate tOirUCr- 4. Two ccs to the Pubric prosecutor. High court ior the state of rerangana at 5. Two CD Copies Hyderabad [OUT'l - SM/PSL HIGH COURT DATED: 2310712025 I -16 IttE g t;\ /a (_) L\ r) 2eJlJt zrfi c i r, l' 'l ORDER CRLP.No.9219 of 2025 ALLOWING THE CRIMINAL PETITION y{