THE HONOURABLE SRI JUSTICE E.V.VENUGOPAL

ORDER:

This petition is filed under Section 528 of Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking to quash the proceedings in Crime No.275 of 2025 on the file of the Matewada Police Station, Warangal District against the

petitioner-accused.

2. Heard Mr.Nand Kishore Yadav, learned counsel for the petitioner and Mr.E.Ganesh, learned Assistant Public

Prosecutor appearing for the State-respondent No.1.

3. The brief facts of the case are that on 23.06.2025 at 16.30 hours, a complaint was filed by the complainant-respondent No.2-ASI of Police stating that on 23.05.2025 at 14.00 hours, when he and PC-3053, Mr.Abhilash were on patrol in the Battala Bazar area, Matwada, at about 15.00 hours, they received information that the Government prohibited tobacco products are being sold. Upon receiving the said information, the de-facto complainant and other police officers reached the spot at 15.15 hours, where, on seeing them, one person attempted to escape from the shop and then they apprehended

him and seized some bags, which he was carrying and found banned tobacco items. Subsequently, the police called two panch witnesses and conducted enquiry in their presence. The accused disclosed his name as Dheeraj Kolaria son of Prameshwar Kolaria resident of Opposite Kakatiya Talkies, Matwada, Warangal and he confessed that he is running business by name Navaratan Traders, since the income is not sufficient, to earn easy money, he had bought prohibited tobacco items as such Gutka, Jardha etc., from Bedar at cheaper rates and selling at higher prices and earning huge profits and in the process three days ago he went to Bedar and bought the prohibited tobacco items and while he attempted to sell the same, the police have apprehended him. The police seized and confiscated the packets in the presence of panchas. The worth of the banned products is of Rs.1,02,250/-. Accordingly a complaint has been registered against the petitioner for the offences under Sections 272 and 275 of BNS.

4. Learned counsel for the petitioner would rely on the judgement passed by the High Court of Patna in the matter of Omkar Agency v The Food Safety and Standards Authority of Inida1. He also relied upon the order passed by this Court in Crl.P.No.3731 of 2018, wherein this Court held as under:

The allegations made in the charge sheet coupled with the statements recorded by the police during investigation under Section 161 (3) of Cr.P.C do not disclose ingredients to constitute an offence punishable under Section 237 of IPC. However, it is consistent view of the prosecution from the beginning that these petitioners were found transporting Pan Masala, Khaini and chewing tobacco in the different vehicle referred supra, but, transportation of noxious food viz., khainin and chewing tobacco is not including in the offence punishable under Section 272 IPC. Manufacturing Pan Masala is not included in Section 273 of IPC, hence, manufacturing of Pan Masala is not an offence since it is not a noxious food.

5. Learned counsel for the petitioner also relied on the judgment of the Hon’ble Apex Court in the matter of State of Haryana v Bhajan Lal, 1992 Supp. (1) SCC 335. The guideline No.7 of the judgment is extracted as under:

7. Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.”

1 AIR 2016 Patna 160 (Division Bench)

6. Learned counsel for the petitioner would rely on the order passed by the coordinate Bench of this Court in Crl.P.No.152 of 2021, dated 05.07.2021 and submitted that the case in hand is squarely covered by the order passed by this Court and seeks to allow this criminal petition.

7. On the other hand learned Assistant Public Prosecutor would submit that the crime in question is investigated upon and charge sheet has been laid b