The High Court · 2025

, praying that in the circumstances riminal Petition, the High Court may FIR NO.336 of 2025 on the fite of ainst the Petitioner l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of riminal Petition, the High Court may be pleased to direct the respondents / Ma ada Police Sation, Warangal District to release the property 1)RR Tobacco (1 packets x Rs.500 = Rs.79,500t), 2) Vl Tobacco (649 packets x Rs.50= 232, 501), 3)Anar Tobacco ('16 x Rs.500 = Rs.B000/-), 4) J.K Tobacco (258 packet x Rs.'150 = Rs.38,700/-), 5)M Gotd (82 packets x Rs.1000 = Rs.82,000/-), 6) F9 Tobacco (85 packets x Rs.50 = Rs.4,2501), 7)KP Double Black (24 packets x Rs.50 = Rs.1,200i-),8)Baba Btack (9 packets x Rs.200 = Rs.1,800t). T e total seized material is worth Rs.2,47,9001 (Rupees Two Lakhs Forty-Seven Thousand Nine Hundred Only). seized in FIR No.336 of 2025 on the fite of Matwada police Station, warangal District in favor of the Petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of crrminal Petition and upon hearing the arguments of Mr BALA MURALI Y, Advocate for the petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public prosecutor (TG) on behalf of respondent No.1 and None appeared for the Respondent No.2 The Court made the following: ORDER n ORDER THE HONOURABLE SRIJU ICE N.TUKARAMJI CRIMINAL PETITION N . 9676 0F 2025 This Criminal Petition is filed u er Section 528 of BharatiYa Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in FIR o.336 of 2025 on the file of Matwada Police Station, Waran al District, against the petitioner/accused.

2. The petitioner is arrayed as sole ccused in FIR No.336 ot 2025 registered for the offences punishable u der Sections 272,275 of BNS

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 anned Tobacco Products and the Police concerned has seized the s id Tobacco products worth of Rs.2,47,9001 from the possession of th petitioner.

5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vrde Criminal P ition Nos.3731 and Batch on considering similar allegations and the erits quashed the Proceedings against the petitioner therein' He furth r submits that the Police have 2 Nmu Cr/.P.Na.9676 of 2025 registered the present crime in violation of the 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 is pending- However fairly admitted that in the authority cited by the petitioner in the similar circumstances, the proceedings against the petitioner therein were quashed

7. I have perused the materiais on record.

8. As per the prosecution, on 22.07.2025 at 17.30 hours, the complainanuhead Constable lodged a complaint alleging that he along with his staff were proceeded for patrolling duty in the Beat Bazaar Street area and when they reached Sakshi General Stores at 17:30 hours found that the petitioner is running a general stores and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his store. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) RR Tobacco (159 packets x Rs.500 = Rs.79,500/-),2) VI Tobacco (649 packets x Rs.50 = Rs.32,450i-),3) Anar Tobacco (16 x Rs.500 = Rs.800O/-), 4) J.K Tobacco (258 packets x Rs.150 = Rs.38,7001), 5) lV .Gold (82 packets x Rs.1000 = Rs.82,000/-),6) Fg Tobacco (85 packets l 3 N7R,rr Crl.P.No.9676 of2025 x Rs.50 = Rs.4,2501), 7) KP Double lack (24 Packets x Rs.50 = Rs.1,200/-), 8) Baba Black (9 packets x s.200 = Rs.1,800/-), all worth of Rs.2,47,900! under cover of panchan

9. lt is pertinent to note th t the related Notification No.501/FSSil/2022 dated 07.01.202 , prohibiting manufacturing, storing, distribution, transportation and s le of gutka and Pan masala in the entire State of Telangana, has been tayed by the Hon'ble SuPreme Court of lndia in Shri Venkateshwara ra ders v. Sfate of Telangana and others vlde SLA No.20441 ot 2021 with SLP(C) No.1656 of 2022. Thereafter, the Director General of P lice, Telangana State issued Circular Memorandum in RC.No' 295/R1 -NS/2022 with directions to the Station House Officers not to interfere ith the business activities, who carry out the business as Per rules Food SafetY and Standards Authority of lndia and also not to take ny coercive measures against the tobacco traders as long as the orde of the Hon'ble SuPreme Court is in force.

10. Having regard to similar factual ition, a Coordinate Bench of this Court in Crl.P.No 6235 of 2022 he that against the allegations of illegal sale and transportation of tob cco products the accusations under Sections 188, 269, 270' 272' 27 , 278, 328 read with Sections 51 1 , 336, 409 and 420 of l.P.C.' cannot e maintained and quashed the roceedings against the petitioners the tn. I \

11. ln the instant oetition, the prosecution for possession and I \ allegation of sale arraigned the offences under Section s 272, 275 of 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. Accordinqly, this Criminal Petition deserves positive consideration

14. Resultantly, the Crirninal Petition is allowed. The proceedings against the petitioner/ar:cused in F:lP. No.336 of 2025 on the file of Matwada Pclice Station, I.\/arangal District are hereby quashed. The petitioner- accused is grante,J liberty to file appropriate application for return of seized property, whereupon the trail Couri is directed to release the seized propo'rtv to the petitioner on proper acknowledgment Pending miscellaneous applications, if any, shall stand closed SD/- MOHD.ISMAIL DEPUTY REGISTRAR I //TRUE COPY// SECTI6N OFFICER To,

1. The lll-Additional Judicial First Ctass Magistrate at Warangal 2. The Station House Officer, Matwada Police Station, Warangal Dist -^---+....-+.- ti to.,:i.,:i1,;:

3. Two CCs to the Public Prosecutor, Hig Hyderabad. [OUT]

4. One CC to Mr. BALA MURALI Y, Ad 5. Two CD Copies Court for the State of Telangana, at cate [OPUC] RC/PSL q \ \ t HIGH COURT DATED: OltOBt2OzS ,/ \ 1 ORDER CRLP.No.9676 of 2O2S ,t st,i r€ o :i.I r, a o 1f ttlS 2tE i o fs/. ':r I llt''f i / \.1 :J .-) I \ The Criminal petition is Allowed. grq;a w* I / I I Il_ -t