THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 4788 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 C.C.No.703 of 2024 on the file of Judicial First Class Magistrate, Yellandu, Bhadradri Kothagudem District.

2. The petitioners are accused in Crime No.85 of 2024 registered for the offences punishable under Sections 272, 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’).

3. Heard Mr. Y.Bala Murali, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioners/accused Nos.1 and 3 are involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.11,190/- from their possession..

5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.3731 and Batch, on considering similar allegations and the merits quashed the proceedings against the petitioners therein. 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 petitioners.

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 16.12.2024 at 16.00 hours, the complainant/Head Constable lodged a complaint alleging that the petitioners are running a kirana shop at Gunndal Mandal, Bhadradri Kothagudem, and by purchasing tobacco products banned by the Government from unknown persons at Beedar of Karnataka State, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioners and seized tobacco products 1) Pan Bahar Tobacco 10 Boxes congaing 225 pouches worth Rs.2,225/-), 2) Dil Dar Tobacco (10 packets worth Rs.600), 3) JK 3320 Tobacco (10 packets worth Rs.690/-), 4)Vimal Packets (51 packets worth Rs.120/-), 5) VI Tobocco packets (51 Nos Rs.30 MRP), which were total worth of Rs.11,190/- under 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 predi