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2025 Supreme(Telangana) 43
IN THE HIGH COURT OF TELANGANA
N.TUKARAMJI, J.
Mali Bhera Ram - Petitioner
Vs.
The State of Telangana - Respondent
Criminal Petition No. 4473 Of 2025
Decided On : 10-06-2025
Advocate Appeared:
For the Petitioner: BALA MURALI Y
For the Respondent: PUBLIC PROSECUTOR
Similar allegations leading to prior quashing of proceedings create grounds for dismissal of current accusations regarding banned tobacco sales.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Bharatiya Nyaya Sanhita, 2023 - Sections 272 and 275 - Criminal Petition for quashment of proceedings involving sale of banned tobacco products - Previous court ruling quashed similar proceedings in light of Supreme Court directives regarding tobacco business - Current case follows suit on similar grounds. (Paras 1, 4, 9, 10, 11)
(B) Quashment of Proceedings - The court noted that the investigation cannot continue when issues are similar to previously quashed petitions based on authoritative legal principles. (Paras 10, 11)
Facts of the case:
The petitioner was accused of selling banned tobacco products, leading to the seizure of items worth Rs.1,76,100/-; however, similar proceedings against others had been quashed in the past due to Supreme Court intervention.
Findings of Court:
Mistreatment under ongoing investigation contradicts prior judicial rulings, and current allegations being similar make the proceeding unsustainable.
Issues: Whether the criminal proceedings can continue against the petitioner based on similar violations already quashed by the court.
Ratio Decidendi: The court highlighted that past decisions, notably under the Supreme Court's stay order, render the new proceedings indefensible.
Result: The Criminal Petition is allowed; proceedings against the petitioner are quashed.
| Table of Content |
|---|
| 1. petitioner's criminal history and charges. (Para 1 , 2 , 4) |
| 2. court's review of case materials. (Para 3 , 7) |
| 3. arguments for and against quashment. (Para 5 , 6) |
| 4. legal background on prohibiting tobacco products. (Para 8 , 9) |
| 5. court's rationale on similar past decision. (Para 10 , 11) |
| 6. decision to quash proceedings. (Para 12) |
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.74 of 2025 of Bhadrachalam Town Police Station, Bhadradri Kothagudem District.
2. The petitioner is sole accused in Crime No.74 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.1,76,100/- 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 the 2nd 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 22.03.2025 at 13.00 hours, the complainant/Sub-Inspector of Police, Bhadrachalam Town Police Station, lodged a complaint alleging that the petitioner is running a Fancy Store at Bhadrachalam and in a shutter situated at the back side of Building bearing H.No.8-1-74 he has been retailing tobacco products by procuring from Odisha and Chhattisgarh States, and seized tobacco products 1) Ganesh Tobacco Sachets – 4000 (10 X 4000=Rs.40,000/-) 2) Mind Free Tobacco Sachets – 2000 (10 X 2000 = Rs.20,000/-), 3) Nevla Tobacco Sachets – 8460 (10 X 8460 = Rs.84,600/-), 4) R.R. Tobacco sachets – 3,150 (10 X 3,150 = Rs.31,500/-), which were total worth of Rs.1,76,100/- 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 Safety and Standards Authority of India and also not to take any coercive measures against the tobacco traders as long as the order of the Hon’ble Supreme Court is in force.
10. Having regard to similar factual position in the Criminal Petition relied on by the petitioner vide Crl.P.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 188 , 269, 270, 272, 273, 278, 328 read with Sections 511 , 336, 409 and 420 of I.P.C., cannot be maintained and quashed the proceedings against the pe
