The High Court · 2025

Petition under Section 528 of BNSS praying that in the circuhstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the c.c.No.13699 of 2024 on the file of the Honourable XVll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the petitioner/Accused No.2 herein, for the interest of justice. l.A. NO: 1OF 2024 Petition under Section 528 of BNSS praying that in the circumstances stated in the Mernorandum of Grounds of criminal petition, the High court may be pleased to stay of all further proceedings in c.c.No.13699 of 2024 on the file of the Honourable XVll Additional chief Metropolitan Magistrate at Nampally, Hyderabad including the arrest of the petitioner/Accused No.2 herein, pending disposal of main Crl.P. This Petition coming on for hearing' upo Grounds of Criminal oetition and upon hea Chandrasekhar, Advocate for the Petitioner and (TG/AP) on behalf of the ResPondent The Court made the following Order:- n perusing the Memorandum of ring the arguments of Sri S' the Additional Public Prosecutor THE HONOURABLE SMT. JUSTICE.ITIWADI SRIDEVI CRIMINAL PETITION No.15580 of 2024 ORDER: This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita' 2023 (for short 'BNSS) by the petitioner-accused No'2 to quash the proceedings in C.C.No-13699 of 2024' pending on the fiIe of xvII Additional chief Metropolitan Magistrate, at Nampally, Hyderatlad. The offences alleged against the petitioner-accused No.2 are under Section 223 of the Bharatiya Nyaya Sanhitha, 2023 (fot short 'BNS')(previously Section 188 of IPC) and Section 2O(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and commerce, Production, supply and Distribution) Act (for short 'COTP Act')'

02. Heard Sri S.Chandrasekhar, learned counsel forpetitionerandSriJithenderRaoVeeramalla,learned Additional Public Prosecutor for the State-respondent' 2

03. Ir.r Chidurala Shgam.sttbder a. State of t,. Telanganal, a learned Sing1e Judge of the High Court, by following the guidelines laid down by the Honourable Supreme Court in State of Haryana u. Bhajan Lal2, held that the Police are incompetent to take cognizance of the offences punishable under Sections 45 and 59(1) of the Food Safety and Standards (IrSS) Act, 2006, investigating into the offences along with other offences under the provisions of the Indian Penal Code, 1860, and hling charge sheei is grave illegality, as the Food Officer alone is competent to investigate ared to file charge sheet following the Rules laid down under Sections 4l and 42 of FSS Act, whereas, in the present case, the Po1ice have registered the crime for the offence rrnder Section 223 of BNS (previously Section 188 of rPC).

04. Irr so far as Section 20(21 of the COTP Act is concerned the allegations against the petitioner are that r CRL.P.No.3731 of 2018 atrd batch dated 27.OA.2018 2 1992 Supp (1) SCC 335 3 he is selling the tobacco products to the customers illegally in order to gain wrongful profits. In view of the said allegations', it is apt to refer to Section _ 20 (21 of the COTP Act for better appreciation of ttre case and to decide the issue in question' and the same is as under: "2O(2) AnA person utho sells or distributes cigarettes or tobacco products which do not contain either on tlrc package or on th.eir label, the specif.ed tuarning and tle nicotine and tar contents shall in the case of first conuiction be punishable wtth tmprtsonment for a term, whiclt mag ertend. to one Aear, or with ftne which mag ertend to one thousand rupees, or with both, and., for tle second. or subsequent conuiction, with imprisorument for a term which mag extend to two gears and utith Jine which mag extend to three ttnusand. rupees."

05. Thus, Section 2O of COTp Act deals with punishment for failure to grve specified wa_rning and nicotine and tar contents. As stated. above, the allegation against the petitioner herein is that he supplied tobacco products to accused No.l to gain wrongful profits. There is no allegation in the charge sheet against the petitioner that he is carrying on the trade or commence in contraband or any other tobacco products without label and specif,red I \ 4 warning on the said products. In view of the same, the v contents of the charge sheet lack the ingredients of Section 20(21 of the OOTP Act. In the entire charge sheet, there is no allegation that the seized products do not contain the labels as well as statutory warning. Therefore, registering the crime for the said offences against the petitioner is also contrary to Section - 20 (2) of COTP Act. Thus, the offence under Section 20 (21 of COTP Act is also liable to be quashed against the petitioner. Therefore, the said proceedings in FIR No.228 of 2024 against the petrtroner are contrary to the principle held by the learned Single Judge of the High Court in Chidura.la Shgamsubder (supra) and, accordingly, the same are liable to be qr-rashed.

06. In view of the aforesaid discussion, the present Criminal Petition is allowed and the proceedings in C.C.No.73699 of 2024, pending on the file of XVII Additional Chief Metropolitan Magistrate, at Nampa1ly, Hyderabad, are hereby quashed. The petitioner-accused No.2 is at liberty to file appropriate r 5 application before the trial Court for return of seized property. On such application being filed, the trial Court is directed to release the seized property to the petitioner on proper acknowledgment. As a sequel, pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// Sd/- V. KAVITHA ASSISTANT REGISTRAR Ir ECTION OFFICER \ To,

1. The XVll Additional Chief Judicial Magistrate at Hyderabad 2. The Station House Officer, Film Nagar P.S., Hyderabad. 3. Two CCs to the Public Prosecutor, High Court for the State of Telanlana at Hyderabad [OUT].

4. One CC to Sri S. Chandrasekhar, Advocate [OPUC] 5. Two CD Copies VC/gh

6. l I I I : I I Lr HIGH COURT DATED:0810112025 I 7l{A9 sr,t /.^q' /\ t J 2 / ,lAN 2025 -L .t )[:sr...1a '.e! ORDER CRLP.No.15580 of 2024 !-) + ALLOWING THE CRLP A.r\rra