THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.5809 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of Bharatiya Nyaya Sanhita, 2023 (for short “BNSS”) by the petitioner, seeking quahment of the proceedings in Crime No.480 of 2025 pending on the file of P.S., Medipally, Rachakonda for the offences under Sections 274, 275 of Bharatiya Nyaya Sanhita (BNS), and Section 20 (2) Cigarettes and Other Tobacco Products Act, 2003 (COTP Act). 2. Heard learned counsel for the petitioner, and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for the respondent – State. Perused the record.

3. Brief facts of the case of the petitioner is that on 27.03.2020 while police were in patrolling, they found the petitioner along with other accused Nos.1 and 2 possessing, selling and purchasing the banned products viz., gutka and ganja respectively, for which, the Police registered a case against the petitioners for the offences alleged against the petitioners are that Sections 188, 269, 270, 272 and 273 of the IPC. Section 8 (c) read with Section 20 (b) (ii) (B) of the NDPS Act and Section 20 (2) of the COTP Act, respectively. Basing on the said complaint the Police registered the case in Crime No.53 of 2020 nd after completion of investigation, they filed charge sheet and the same was numbered as S.C.No.24 of 2021 on the file of the VIII Additional Chief Metropolitan Magistrate, Hyderabad.

4. Learned counsel for the petitioner submitted that the allegations leveled against the petitioner are vague and did not attract any of the offence. Making his submission, he relied on the judgment of this Court vide order dated 05.07.2021 in Criminal Petition No.152 of 2020, wherein this Court quashed the proceedings against the petitioners and he further submitted that the present matter is also covered by that order. As such, he prayed the Court to allow the Criminal Petition

5. Per contra, learned Additional Public Prosecutor submitted that the trial has to be conducted for the offence punishable under COTP Act.

RELEVANT PROVISIONS UNDER IPC:

“188. Disobedience to order duly promulgated by public servant. whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple imprisonment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both; and if such disobedience causes or trends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

Explanation: It is not necessary that the offender produce harm, disobedience as likely to produce harm. It is sufficient that he knows of the order which he disobeys, and that his disobedience produces, or is likely to produce, harm.

Illustration: An order is promulgated by a public servant lawfully empowered to promulgate such order, directing that a religious procession shall not pass down a certain street. A knowingly disobeys the order, and thereby causes danger of riot. A has committed the offence defined in this section."

*269. Negligent act likely to spread infection of disease dangerous to life. Whoever unlawfully or negligently does any act which is, and which he knows or has reason to believe to be, likely to spread the infection of any disease dangerous to life, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both"

270. Malignant act likely to spread infection of disease dangerous to