High Court · 2025

The State of Telanoana, Rep by its public prosecutor, High Court for the State of Tetangana"HyobrafaJ: * --""''"" ...RespondenUComplainant Petition under Section of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'pelition, the H,gn Cou.t ;lv oe pleased to quash the proceedings in FrR t{o taa or 2o2s on tne" rire oJ iuiulpao Police Station, Bhadradri Kothagudem District against the petitioner l.A. NO: 2 OF 2025 -52g Petition under Section s2g of BNSS praying that in the circumstances stated in the Memorandum of Grounds or criminat'petition, the Hign court ;lv ue pleased to direct the respondents/ Jururpad porice Station, gnaor;dri Kotn"sJl,", District to release the prop-ert^y- 1)Ambei aa pact<ets- totar worth =22ooot-.2)vimar 16 Packets- totar wRs.2oool-.3)pan eanar to packets {otar wRs.2050/- .4).Hai Chewing Tobacco 2g paikets.-totar wRs 4760r-. 5).JK Tobacco g Packets , totat wRs. 450i- -6)RR Tobacco z pacteis totar wRs. 11got--. i.-i 1 - Tobacco 20 packets.-totar wRs. 500/-.a grand totai of ail packets wln.. izdsol- and one rys STAR city + 9116, Seized ln FIR NO .148 ot 2025 On the file of Julurpad . -Police Station, Bhadradri Kothagudem 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. 1 and None appeared for the Respondent No. 2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO.9212 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioner/accused in Crime No.148 of 2025 on the file of the Julurpad Police Station, Bhadradri- Kothagudem District 2 The petitioner is arrayed as sole accused in Crime Case registered for the offences punishable under Sections 272 and 275 of Bharatiya Nyaya Sanhitha, 2023.

3. Heard Mr.Y.Bala Murali, 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.32,950/- from the possession of the petitioner.

5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vrde Criminal Petition Nos.3731 and Batch on 2 }?RJ (.nt.P.\0.9212 ol 2025 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 the similar circutnstances, the proceedings against the petitioner therein were quashed

7. I have perused the materials on record

8. As per the prosecution, on 15.07.2025 at 07.00 hours, the complainanUSub-lnspector of Police lodged a complaint alleging that while the complainant is performing patrolling duty at Julurupad village outskirts of Nayak Rice Mill, the petitioner came in opposite direction, meantime his staff suspected the petitioner and chased him and apprehended the accused and found tobacco products i.e., 'l ) Amber 88 packets- worth Rs.22,000/-, 2)Vimal-16 packets- worth Rs.2,000/-, 3) Pan Bahar '10 packets- worth Rs.2,050f,4)Hai Chewing Tobacco 28 packets-worth Rs.22,000/-, 5)JK Tobacco 9 packets, worth Rs.4501, 6)RR Tobacco 7 packets-worth Rs.1,190/-, 7)V-fobacco 20 packets- 3 ,\"/RL/ Cr/.P.N0.9212 of 2025 worth Rs.sOOl, total worth of Rs.32,950/- from the possession of the petitioner under the cover of panchanama lt is pertinent to note that the related Notification 9. 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. State of Telangana and others vrde SLA No.20441 ot 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/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 I 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 transpo(ation 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 \ rR/ '.1'. \ a 12/: o/:O2; t ) 1

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under sections 212,27s of BNS, 2023 as noted above, the conclusions drawn in the earlier criminal petition are squarery 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.14g of 2ozs on the file of the Julurpad Police station, Bhadradri-Kothagudem District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed Sd/. T. JAYASREE DEPUTY REGISTRAR To, //TRUE COPY// SECTION OFFICER District. 1 . The station House officer, Jururpad porice station, Bhadradri Kothagudem . One CC to Sri Bata Murali, y Advocate IOPUCI 2 . Two ccs to the Pubric prosecutor, High court ior the State of rerangana at 3 Hyderabad [OUT] . Two CD Copies 4 SM/PSL 1 HIGH COURT DATED: 2310712025 ORDER CRLP.No.9212 of 2025 .\ (-,- \. ( j () 2sJUI mfr t ) Oc tSF.liCrr o _d+ i ALLOWING THE CRIMINAL PETITION