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2025 Supreme(Online)(Tel) 14581
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Mahender Kumar Rajpurohith – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No. 7910 OF 2025
For the Appellants/Petitioners: Mr.Y.Bala Murali, Ms.B.Keerthi Reddy
For the Respondents: Mr.Jithender Rao Veeramalla
The court ruled that ongoing proceedings against the petitioners for allegedly selling banned tobacco products were unsustainable due to prior Supreme Court directives.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Quashment of proceedings - Proceedings against petitioners for illegal sale of tobacco products quashed as they were not sustainable following Supreme Court orders. (Paras 9, 10-14)
(B) Jurisdiction and discretion of Court - Past similar cases led to quashment under provisions of law highlighting the need to abide by higher judicial authority. (Para 10)
Facts of the case:
Accused were arrested for possessing and allegedly selling prohibited tobacco products with significant seized value. The complaint indicated activities detrimental to public health.
Findings of Court:
The proceedings were incongruent with standing orders of law and previous court decisions.
Issues: The key issue was whether the allegations held merit against established directives regarding tobacco trade.
Ratio Decidendi: The Court emphasized adherence to Supreme Court directives, which invalidated the basis of the current accusations.
Result: Criminal Petition allowed, and all proceedings against accused quashed.
| Table of Content |
|---|
| 1. petition filed under bnss for quashment of criminal charges. (Para 1 , 2 , 4) |
| 2. argument for quashment based on previous court rulings. (Para 5 , 6) |
| 3. previous court directives influence current decision. (Para 9 , 10 , 12) |
| 4. final ruling allowing the petition and quashing proceedings. (Para 14) |
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings in F.I.R No.341 of 2025 on the file of Hanamkonda Police Station, Warangal District, against the petitioners/accused Nos.1 and 2.
2. The petitioners are arrayed as accused Nos.1 and 2 in F.I.R No.341 of 2025 registered for the offences punishable under Sections 272 and
275 of BNS.
3. Heard Ms.B.Keerthi Reddy, learned counsel representing Mr.Y.Bala Murali, learned counsel for petitioners, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-
State.
4. The prosecution case in brief is that the petitioners/accused Nos.1 and 2 are involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.3,20,485/- from the possession of the petitioners.
5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.3731 and Batch on considering similar allegations and the merits quashed the proceedings against the petitioners therein. 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 petitioners.
6. Learned Additional Public Prosecutor would submit that the petitioners have been found with the 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 23.06.2025 at 11:00 hours at Rajpurohith Mohanlal home at Reddy Colony, Hanamkonda and reported on the same day at 17.00 hours, the complainant/head Constable lodged a complaint alleging that he apprehended person that he was illegally selling Gutkha packets without any valid license or permission from the Government and knowing that chewing Gutkha is dangerous and injurious to public health. Accordingly, the complainant seized tobacco products 1)M-Sented Tobacco Gold-370, each packet worth 600/- (370 x 600 = 2,22,000/-), 2) RMD Pan Masala-61, each packet worth 600/- (61 x 600 = 36,000/-), 3) Anar Tobacco Packets-101, each packet worth 160/- (101 x 160 =16,000/- ), 4) Ambar Tobacco Packets-3, each packet worth 175/-(3 x 175 = 525/-) and 5) Vimal Pan Masala Packets-383, each packet worth 120/- (383 x
120 = 45,960/-) total worth Rs.3,20,485/- under cover of confessional and recovery 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, a Coordinate Bench of this Court in Crl.P.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Se
