IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.TUKARAMJI
Sarwar Miya Sd – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petition filed under bnss for quashment (Para 1 , 2 , 4) |
| 2. court's reasoning on unsustainable proceedings (Para 3 , 7 , 10 , 11) |
| 3. arguments regarding quashment based on prior case ruling (Para 5 , 6) |
| 4. details on seized tobacco products and related legal status (Para 8 , 9) |
| 5. criminal petition allowed and proceedings quashed (Para 12 , 13) |
ORDER :
N.TUKARAMJI, J.
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings against the petitioner in Crime No.70 of2025 of Ghanpur W Police Station, Warangal District.
2. The petitioner is sole accused in Crime No.70 of 2025 registered for the offences punishable under Sections 272 , 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS , 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 have seized the said Tobacco products worth of Rs.65,325/- from
Proceedings for alleged illegal sale of tobacco products cannot continue when prior similar allegations were quashed by the court.
Similar allegations leading to prior quashing of proceedings create grounds for dismissal of current accusations regarding banned tobacco sales.
The proceedings against the petitioner were quashed as they violated prior judicial decisions regarding the sale of banned tobacco products amidst stayed prohibitory orders.
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