THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6980 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.234 of 2025 of Pahadishareef Police Station, Rachakond.

2. The petitioner is sole accused in Crime No.234 of 2025 registered for the offences punishable under 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’) and Sections 272 and 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’).

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 worth of Rs.4,50,000/-.

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 29.04.2025 at 11:15 hours, the complainant/ Sub Inspector of Police lodged a complaint stating that the petitioner was found in possession of a large quantity of Government banned tobacco products. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1)Sagar tobacco-14,000(Sachets), 2) Sagar Pan Masala-14,000 (Sachets), 3) Miraz Tobacco-219 (Sachets), 4) RR Tobacco-10500 (Sachets), 5) RR Pan Masala-10500 (Sachets), 6) Shikar Tobacco-9450 (Sachets), 7) Kamala Pasand Tobacco-19200 (Sachets), 8) Kamala Pasand Tobacco-19,200 sachets, 9) Kamala Pasand Pan Masala- 19,200 sachets, 10) Raj Niwas Tobacco-28,800 sachets, 11) Raj Niwas Pan) V-1 Tobacco-27,000 sachets, 15) Vimal Pan Masala- 27,000 sachets, 16) Baba Nauratan Pan Masala-14,400 sachets, 17) 24 Carrat Pan masala- 10,000 sachets, 18) Pan Bahar Pan Masala-1000 sachets, 19) Swagath Tobacco-650 sachets, which were total worth of Rs.4,50,000/- under cover of panchanama.

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 othersvideSLA 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 andquashed the proceedings against the petitioners therein.

11. In the instant petitio