Court quashed the proceedings against an accused due to prior Supreme Court stay on tobacco sales regulations, emphasizing the importance of overlapping legal principles.

ORDER

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.151 of 2025 of Parkal Police Station, Warangal District.

2. The petitioner is accused in Crime No.151 of 2025 registered for the offences punishable under Sections 272 , 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘ BNS , 2023’).

3. Heard Mr.Burri Grahesh, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent.

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 seized the said Tobacco products worth of Rs.1,18,850/-.

5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.08.2018. He further submits that the Police have registered the present crime in violation of the orders passed by this Court. Hence, prayed for quashment of the proceedings against the petitioner in the crime.

6. Learned Additional Public Prosecutor would submit that the petitioner has to face either investigation or trial and prove his innocence and instead of doing so, he has filed the present criminal petition, which cannot be considered at this stage.

7. I have perused the materials on record.

8. As per the prosecution, on 31.05.2025 at 11.45 hours, the complainant/Head Constable lodged a complaint alleging that the petitioner is running a kirana shop at Parkal Town, and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) Anaar Tobacco (27 packets worth Rs.13,500/-), 2) JK Tobacco (123 packets worth Rs.30,700/-), 3) RR Tobacco (30 packets worth Rs.15,000/-), 4) Ambar Big size packets (6 packets worth Rs.15,000/-), 5) Swagath (7 packets worth Rs.3,500/-), 6) R.R.No.1 (4 packets worth Rs.2,000/-), 7) RMD box (12 packets worth Rs.12,000/-), 8) M-Gold Box (14 packets worth Rs.14,000/-), 9) BABA Black (15 packets worth Rs.4,500/-), 10) V-1 Tobbaco (62 packets worth Rs.3,100/-), 11) Tara Kesari boxes (7 packets worth Rs.3,500/-) and 12) Tara Raja Sri (4 boxes worth Rs.2,000/-) which were total worth of Rs.1,18,850/- under cover of panchanama.

9. 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 orders of the Hon’ble Supreme Court is in force.

10. Having regard to this factual position, a Coordinate Bench of this Court in Crl.P.No.6235 of 2022 held that against the allegations of illegal selling and transportation of tobacco products, the Sections 188, 269, 270, 272, 273, 278, 328