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 impugned proceedings in F.l.R. No. 239 of 2025, on the file of the Makloor Police Station, Nizamabad District, in so far as Petitioners/ Accused Nos. 1 to 6 are concerned. 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 grant interim stay of all further proceedings in F.l.R. No.239 of 2O25, on the file of the Makloor Police Station, Nizamabad District., including arrest, appearance and attendance of the petitioners/Accused Nos. 1 to 6, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusinry the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gaje Raghu, Advocate for the Petitioner and Sri Jither ler Rao Veeramalla, Additional Public Prosecutor, High Court for the State of -- rlangana, Hyderabad on behalf of the Respondents. The Court made the following: ORDER: THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITON N o.13881 ot2025 ORDER: This Criminal Petition is filed by the petitioners-accused Nos..l to 6 seeking to quash the proceedings against them in FIR No.239 of 2025 on the file of tVlakloor police Station, Nizamabad District, registered for the offences under Sections 31g(4) and .1.l 1 of BNS, 7 of the Essential Commodities Acl (for short EC Act,) and Section 17(e) ot the Telangana State public Distribution System (Control) Order, 2016 (for short'Controt Order').

2. Heard Sri G. Raghu, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional public prosecutor for the respondents.

3. The case of the prosecution is that on reliable information about illegal transportation of pDS rice at Mamidipally village shivar, the SHO, Makloor rushed to the scene of offence and found to be correct. On his requisition, the Deputy Tahsildar visited the Vaibhav Venkateswara Agro lndustries, Mamidipally, along with panchas and conducted confession cum seizure panchanama and perused the crime vehicle bearing No.TS.l6 UC 6920 loaded with pDS rice. The driver of the crime vehicle confessed that the pDS rice belongs 7 EfD,J cd.P. No 1iAA10t 2025 to one [\rladhanam Yellaiah and Sanjeev, and as p() their orders, the accused person l/lohammad Sohail unloaded the PDS rice rn the Vaibhav Venkateshwara Rice Mills, t\rlamidipally vi lage shivar. lt is further disclosed that the accused does not pos:; )ss any relevant documents for the possession of PDS rice. A total c :antity of 385.20 quintals of PDS rice was seized from the said vehicl r.

4. Learned counsel for the petitioners has r; bmitted that the PDS rice was being transported from the rice mi I but there is no criminal intention in the said transportation of PDS; rice. He further submitted that even according to the complaint, the , rlleged offences under Sections 318(4) of BNS and 7 of the EC r\ ;t do not attract against the petitioners as they have not che rted either the government or the public and that 17(e) ot the Co rtrol Order does not attract as the petitioners have not purchased I re rice supplied from the Public Distribution System and Section 1 I I of BNS pertains to organized crime and when the Sections 318(4) B\ S and Section 7 of EC Act does not apply, then the question of app r ing Section 1'1 1 of BNS does not arise. Therefore, he submitted I rat none of the alleged offences attract against the petitioners her(ji r and prayed to quash the proceedings against the petitioners. EfD.J Ctl-P. No.1 ,8ltt ol 2025

5. Learned Additional Public Prosecutor opposed the said submission stating that the offence under Section 1 1 1 squarely attracts the petitioners as they have illegally transported the rice meant for public distribution and therefore, they are not entitled to any relief .

6. Perused the record

7. The petitioners are facing allegations under Sections 318(4) and 111 of BNS and Section 7 of the EC Act and 17(e) of the Control Order. The said sections are extracted hereunder for the sake of reference. Section 318(4) of BNS: "318. Cheating: Whoever cheats and thereby drshonestly induces the person deceived to deliver any propedy to any person, or to make, alter or destroy the whole or any part of a valuable securlty, or anything which is signed or sealed, and whtch is capable of being converted into a valuable securrly, shall be puntshed with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine " Section 111 of BNS "1 I'l . Organized Crime: (1) Any continuing unlaMul activity including kidnapping, robbery, vehicle theft, extortion, land grabbing, contract krlling, economic offences, cyber-crimes having severe consequences, trafficking in people drugs, llllcit goods or 4 EfD 1 ^, L4 P_ No t33El of2oi services and weapons, prosritution or ransom o, ,rluT'n ao,ns ,n concert, ;;;;;;,[:"t organised crime syndicate oy ,se or ,,or"n""l';;'"r"' corruprion or rerared obtarn drrect ,; ;;;":;"'"i traln king racket for or s c rps or indiv duars orntly eithe' I a member cF an on behalf ) such svndicare, inrir'r iation coercron, or other L' evr'ru means ro be, t rr rrcrudrno d ".,,",,,L'l"lli, _ frnanciar o"r"r, .nr,, (2) whoever, "r";r;;;""'"#te organised crime shall, (l) if such offence has resulk ""r.,,,,T1r,r, orsaniseo ( ime nit or commris an offence of the deatr :r anv person or imprisonnrt 1t for life arrd whrch shall rc be less th:rn (ri) be punishabre ,;; .""""T:.," sha arso 0","0,","","" rupees ten lakhs; rn.any other case be punrshable wrth .r. a term whrch shall not be less than fivc ) r *aro lo rmprisonmenr for rrre ar,c ,::l to fine which shail not be less t; I ,lrabre F 'rsonment rs but whicl) hall atso be rupees frve (3) Whoever, conspires or c orsanrsed crime, or "lllll"": engages in "", "", or"or.fll_ls oe p,nrsrraore wrt;;."":]:."n oe tess tran ;;; ;"::li"itror Imprsonment the comn'i sion or an racilitates . otherwrse organrse' rime sha, a term v/r'( I shdir nor *n'"n mav '|xtend Io ,. :n,,,no,0" (4) Any pgr.., who is a m€ for lfe and *-1". r".. tn"i;;::Ir#;" riabre r, ine v,,h,ch or an orsan s )d crme svndicare .nr,, o" or"in"o]lb:: which sharr ,", ;;.. )r a rerm ;^" elrend ro,rrr.onr"",t,'i,l i:"_,*" but vr 61 66y and sha, arso D ) ,rabre fine which .nr,, ,". o"',".],nrre with imprisonmenr * -'n t'P""a frve lakhs ._ (5) whoever, ,raruorrr, or concears or r: { ,pts ro harbour or .";""; :;;:.:rs who has conq, ed rre orrence or ," ";;;.:.rl:n ""li :, "r, memD€.r of an organised '=or"l^ beleves that hrs ct wil punishable ,r,,n ,ror."rr#'ln- ": .r.n crime :ir ril be or a term which sha I rot be "r,r" *0"r," ",. "..,., ln" encourage i ) ETO,J C .P, No-13AA1 ol 2025 less than three years but which may extend to imprisonment for life and shall also be liable to fine which shall not be less than rupees five lakhs, Provided that this sub-section shall not apply to any case in which the harbour or concealment is by the spouse of the offender. (6) Whoever, holds any property derived, or obtained from the commission of an organised crime or proceeds of any organised crime or which has been acquired through the organised crime syndicate funds shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to imprisonment for life and shall also be ltable to fine whtch shall not be less than rupees two lakhs. (7) lf any person on behalf of a member of an organised crime syndicate is, or at any time has been rn possession of movable or immovable property whrch he cannot satislactorily account for, shall be punishable with imprisonment for a term which shall not be less than three years but which may extend to lmprisonment for ten years and shall also be liable to fine which shall not be less than rupees one lakh and such property shall also be liable for attachment and forfeiture " Section 7 of the EC Act "7. Penalties: - (1) lf any person contravenes any order made under section 3,- (a )he shall be punishable,- (i) in the case of an order made wrth reference to clause (h) or clause (i) of sub-sectron (2) of that section, with imprrsonment for a term which may extend to one year and shall also be liable (ii) to fine, and in the case of any other order, wrth imprisonment for a term whrch shall not be less 6 xC rt," N"., jrS 1 tE I3 i|, " 3 to fine. than three months but which r ly extend to seven years and shall also be liat Provided that the court may, fli and special reasons to be me.t judgment, impose a sentence 01 for a term of less than three mon:r (b) any property tn respect of which the or((- has been contravened shall be forfeited to the Government ny adequate oned in the n pnson me n t ;: (c) any package, covering or receptacle in which t1 found and any animal, vehicle, vessel or other used in carrying the commodity shall, if the court ; fodeited to thc Government. property is )onveyance orders, be (2) tf any person to whom a direction is given und: of sub-section (4) of section 3 fatts to comply wrth the c shall be punishable with imprisonment for a term whict less than three months but which may extend to sever shatt atso be |able to fine: Pro! rded that the court may, for any adequate and sp to be menlioned in the .iudgment, impose a rmpflsonn.tenl for a term of less than three months clause (b) rection, he hall not be years and e: tl reasons s-. rtence of (2A) )f aoy person convicted of, crause (a) or sub-secrion ,,, "1",.1"J"1#ll,lT i; ':l:l convrcled of aq offence under punishabre w,th,mprisonmen, :: iil""jjff "j;J,,i.lf"rj subsequent oFfence for a term which shall not be less than srx months but which may extend t o seven years and shit alsc be llable to finet Provlded that the court may, for any adequate and s to be mentioned rn the judgment impose a rmpflsonment for a term of less than six months pearl reasons ser I nce oF (28) For the purposes of sub-s( that an oFfence under sub_crause or under sub_secrron 1r; n". ".(") senerar plrbrjc or to any ,..,"ff:;"",::tj'::'1.H:,j'j:; ctions ('1)' (2) and (2Al he fact ofclause (a) of sub-s-' tion (1) .7 l .1 l 7 EfO,J c P No 13AA1 0t 2025 special reason for awarding a sentence of imprisonment for a term of less than three months, or six months, as the case may be. (3) Where a person having been convicted of an offence under sub-section (1) is again convicted of an oFfence under that sub_ section for contravention of an order in respect of an essential commodity, the court by which such person is convicted shall in addition to any penalty which may be imposed on hrm under that sub-section, by order, direct that that person shall not carry on any business in that essential commodity for such period, not being less than six months, as may be specified by the court in the order " Order 17(e) of the Control Order "17. Penalties for possessing cards, making false entries or diverting stock: (a) xxxx (b) xxxx (c) xxxx (e) lf any person is found to have purchased tnei'iice'supplied through PDS either from the card holder or the F.p Shop dealer or any other source, he shall be liable for crimtnal action and imposition of penalty as may be fixed by the Competent authority "

8. The. contention of the learned counsel for the petitioners is that they have not cheated either the government or the public and that they have not purchased the rice supplied for the public distribution system. But, there is no material on record to show that from whom and in what manner could the petitioners collect such a huge quantity of PDS rice and thus failed to answer for possession of the same when questioned by the police. The pDS rice is meant xETD,J Crl.P. No.r3A of 2Lis 8 for catering to the needs of people below poverty I re for distributing the same under public Distribution System. lllegi I procurement or sale of the said rice is an offence under Section / of the EC Act. The further contention of the learned counsel for ftt petitioner is that Section 11 1 of BNS does not get attracted.

9. Thus, the allegations point out pima facitt:ase against the petitioners herein for the offences under Sections :i B(4) and .l 11 of BNS,7 of the EC Act and Section 17(e) of the C,trtrol Order. The truth or otherwise of the allegations are the subjec matter of trial. The investigation is still in progress. Hence, it s not proper to interfere with the said process at this juncture and merit and the same is liable to be dismissed. I e petition lacks

10. Accordingly, the Criminal petition is dismissed Miscellaneous petitrons, pending if an y, shall stand clr ,sed //TRUE COPYII ( -ii ;5,t,iYhHi$#=^H Sfcrro N OFFICER i l l To, il?8ll?.i?S il3l'B'l'3:.* Excise Act -c,,*lveialiion: r rudiciar First crass l The special Judicial Mrsl:ll?Jg of First ctass, ror trait or :ases under 2 The Station House officer, Makroor porice station, Nizar abad District. 3. One CC to Sri. Gaje Raghu, Advocate tOpUCl 4. !.wo CCs to the public p uvoeiaoao-lb'Uilu.,"'- rrosecutor, High Court for the sta e of Telangana at

5. Two CD Copies. PSK /PR HIGH COURT DATED:20111t2025 'rt \tL4 -:'-.- .$ +-s -) + q o LL I t i ORDER q: CRLP.No.13881 ot 202 5 1 lJ DISMISSING THE CRIMINAL PETITION q