THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6998 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 , against the petitioner in Crime No.579 of 2025 of Hayathnagar Police Station, Rachakonda Commissionerate.

2. The petitioner is sole accused in Crime No. 579 of 2025 registered for the offences punishable under Sections 274 and 275 read with 3(5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Section 20(2) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘COTPA’) .

3. Heard Mr. Y.Bala Murali, 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 seized the said Tobacco products.

5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition Nos.3731 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.08.2018. He further submits that the 2^nd respondent has 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 05.05.2025 at 12.30 hours, the complainant/Sub Inspector of Police lodged a complaint alleging that the petitioner is purchasing tobacco products banned by the Government from one Sri V. Kishore Kumar and selling the same in his pan shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) V-01 Tobacco-8010 Pouches, 2) Miraz Tobacco 1005 Pouches, 3) Z2-1 Tobacco-1050 Pouches, 4) KP Dooble Tobacco-3267 Pouches, 5) Swagath Tobacco-247 Pouches, 6) RM-01 Tobacco-1500 Pouches, 7) RR tobacco POUCHES-1460, 8)

Mahababa Tobacco 38 Pouches, 9) SR-1 Tobacco Pouches-2240, 10) RR Gold Tobacco 38 Pouches, 11) Amber Tobacco-100 Pouches, 12) SS-1 Tobacco-288 Pouches, 13) Chaina Khini Tobacco-60 Pouches and 14) AP-09-AT-1850.

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 order 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 read with Sections 511, 336, 409 and 420 of I.P.C., would not attract 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, 2023 and Section 20(2) of the COTPA.

12. As noted above, the conclusions drawn