THE HONOURABLE SRI JUSTICE N. TUKARAMJI CRIMINAL PETITION No.6897 of 2025

ORDER:

This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings, against the petitioners/A1 and A2 in Cr.No.201 of 2025 of Hasanparthy Police Station, Warangal District.

2. The petitioners are arrayed as accused Nos.1 and 2 in Cr.No.201 of 2025 registered for the offences punishable under Sections 272 and 275 of BNS.

3. Heard Ms.A.Rupa Devi, learned counsel for the petitioners and Sri Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor representing 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.3,00,000/- from the possession of the petitioners.

5. Learned counsel for the petitioners would submit that this Court vide Criminal Petition No.6235 of 2022, on considering similar allegations and the merits, quashed the proceedings against the petitioners therein. He further submits that the 2nd 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 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 10.05.2025, the complainant/Sub Inspector of Police lodged a complaint alleging that while conducting vehicle checking at Vangapahad cross road (ORR) at 17:30 hours the petitioner No.1 was proceedings to Hyderabad side in a car in a suspicious manner, the police apprehended him and seized two bags containing 15000 sachets of Government banned Tobacco i.e., Ambar Tobacco packets worth Rs.3,00,000/- along with car from his possession, on further interrogation he revealed that on the instructions of petitioner No.2, he collected banned tobacco products from unknown persons, the police seized the banned tobacco products total worth of Rs.3,00,000/- from the possession of the petitioner No.1 under the 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 in the criminal petition relied on by the petitioners vide 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, 275 of BNS, 2023 as noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition, for that reaso