THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 7845 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 C.C No.393 of 2022 on the file of the Principal Junior Civil Judge at KBM Asifabad, against the petitioner/accused.

2. The petitioner is arrayed as sole accused in Crime No.21 of 2022 registered for the offences punishable under Sections 270, 273 of Indian Penal Code.

3. Heard Mr.Burri Grahesh, 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 has seized the said Tobacco products worth of Rs.22,77,600/- from the possession of the petitioner.

5. Learned counsel for the petitioner 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 petitioner 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 petitioner.

6. Learned Additional Public Prosecutor would submit that the petitioner has been found with the Tobacco products and investigation is pending. However fairly admitted that in the authority cited by the petitioner in the similar circumstances, the proceedings against the petitioner therein were quashed.

7. I have perused the materials on record.

8. As per the prosecution, on 29.01.2022 at 19.00 hours, the complainant/head Constable lodged a complaint alleging that the petitioner is running a kirana shop at Jamgoan village, 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)V-1 tobacco small (98 big plastic bags, each big plastic bag contains 8 small plastic bags, each small plastic bag contain ns 65 packs, wroth of each pack id Rs.30, worth of Rs.15,28,800/-, 2) V-1 Tobacco big 24 big plastic bags in that each big plastic bag contains 20 small plastic bags, each small plastic bag contains 52 packs, worth of each pack id Rs.30/- and worth of Rs.7,48,800/- all worth of Rs.22,77,600/- under 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, 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 270, 273 of Indian Penal Code.

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