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2025 Supreme(Telangana) 35
IN THE HIGH COURT OF TELANGANA
N.TUKARAMJI, J.
Sarwar Miya Sd - Petitioner
Vs.
The State of Telangana - Respondent
Criminal Petition No. 4496 Of 2025
Decided On : 10-06-2025
Advocate Appeared:
For the Petitioner: BALA MURALI Y
For the Respondent: PUBLIC PROSECUTOR
Proceedings for alleged illegal sale of tobacco products cannot continue when prior similar allegations were quashed by the court.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Bharatiya Nyaya Sanhita, 2023 - Sections 272 and 275 - Quashment of proceedings against petitioner for alleged illegal sale and possession of banned tobacco products. (Paras 1, 2, 12)
(B) Legal Principles - Proceedings against accused cannot be maintained if previous orders quashed similar allegations. (Paras 5, 10)
Facts of the case:
Petitioner accused of selling and possessing banned tobacco products, with goods worth Rs.65,325/- seized from his shop. Court noted a stay on related prohibitory notification by Supreme Court. (Paras 8, 9)
Findings of Court:
Previous judgments on similar allegations indicate that the current proceedings against the petitioner are unsustainable. (Paras 10, 11)
Issues: Whether the proceedings could continue in light of the previous orders quashed by the court on similar charges.
Ratio Decidendi: The court ruled that if the legal framework established by superior courts indicates a lack of merit in the ongoing proceedings, they must be quashed. (Paras 11, 12)
Result: Criminal Petition allowed; proceedings quashed.
| 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 his possession.
5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.6235 of 2022 and Batch, on considering similar allegations and the merits, quashed the proceedings against the petitioners therein. He further submits that the2nd 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.
6. Learned Additional Public Prosecutor would submit that the petitioner has been found with Tobacco products and investigation is pending. However, fairly admitted that in the authority cited by the petitioners in the similar circumstances, the proceedings against the petitioners therein were quashed.
7. I have perused the materials on record.
8. As per the prosecution, on 19.03.2025 at about 17.30 hours, the complainant/Head Constable, Ghanpur W Police Station, lodged a complaint alleging that the petitioner has been retailing tobacco products in his Classic Pan Shop at Ghanpur by procuring from unknown persons and seized 1) Anar Tobacco Packets – 28 (28 X 160 = Rs.3,360/-), 2) Amber Tobacco Packets – 48 (48 X 175 = Rs.8,400/-), 3) V1 Tobacco Packets – 276 (276 X 30 = Rs.8,280/-), 4) SR-1 Tobacco Packets – 20 (20 X 30 = Rs.600/-), 5) Blue Bull Tobacco Packets – 11 (11 X 200 = Rs.2,200/-), 6) Bab Black Tobacco Packets – 20 (20 X 185 = Rs.3,700/-), 7) Golden Tobacco Packets – 4 (4 X 500 = Rs.2,000/-), 8) Swagath Gold Tobacco Packets – 5 (5 X 168=Rs.840/-), 9) JK-3320 Tobacco Packets – 8 (8 X 500 = Rs.4,000/-), 10) Miraz Tobacco Packets – 5 (5 X 225 = Rs.1,125/-), 11) Maharatan-307 Tobacco Packets – 80 (80 X 103 = Rs.8,240/-), 12) M Gold Tobacco Packets – 3 (3 X 600 = Rs.1,800/-), 13) Baba-54 Tobacco Packets – 2 (2 X 1,270 = Rs.2,540/-), 14) JK-3320 Tobacco Boxes – 5 (5 X 600 = Rs.3,000/-), 15) Baba-120 Tobacco Box – 1 (1 X 450 = Rs.450/-), 16) Baba-120 Tobacco Packets – 16 (16 X 790 = Rs.12,640/-), 17) Baba- 160 Tobacco Packet – 1 (1 X 2,150 = Rs.2,150/-), which were total worth of Rs.65,325/- from the possession of the petitioner under the cover of panchanama.
9. It is pertinent to note that the related Notification No.501/FSS/I/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 India in Shri Venkateshwara Traders v. State of Telangana and others vide SLA No. 20441 of 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/2022 with directions to the Station House Officers not to interfere with the business activities, who carry out the business as per rules of Food S
