THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6962 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 petitioners in Crime No.244 of 2025 of Pahadishareef Police Station, Rachakonda.

2. The petitioners are arrayed as accused Nos.1and 2 in Crime No.244 of 2025 registered for the offences punishable under Sections 272, 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. S. Chandra Sekhar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent.

4. The prosecution case in brief is that the petitioners/accused are involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.70,000/-.

5. Learned counsel for the petitioners 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 respondent has registered the present crime in violation of the orders passed by this Court. Hence, prayed for quashment of the proceedings against the petitioners in the crime.

6. Learned Additional Public Prosecutor would submit that the petitioners have to face either investigation or trial and prove their innocence and instead of doing so, they have 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 19.00 hours, the complainant/Sub-Inspector lodged a complaint alleging that the petitioner No.1 is running a kirana shop at Jalpally Village, Balapur Mandal, Ranga Reddy District and petitioner No.2 is the worker in said kirana shop. They brought the government banned gutka from Amith Chadda resident of Shamshabad for selling and stored at kirana shop. Accordingly, the complainant and his staff apprehended the petitioners and seized tobacco products 1) V-1 Tobacco-8 bags (total-12,000 pouches), 2) Swagath Tobacco-04 bags (3360 packets), 3) Raj Niwas Tobacco-03 bags (Total-4500 pouches), 4) Sagar tobacco-01 Borra (Total 14,000 Pouches), 5) Mirza Tobacco-05 Cottons(Total 2625 Pouches), 6) Blu Tobacco-01 bag (3600 Sachets), which were total worth of Rs.70,000/- 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 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, 275 read with 3(5