THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7910 OF 2025

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 ), 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 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 petitioners therein.

11. In the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 272 and 275 of BNS.

12. As noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition. 13.