THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9837 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/accused Nos.2 and 3 in C.C.No.2369 of 2019 on the file of the Judicial First Class Magistrate-cum-Junior Civil Judge at Nalgonda, Nalgonda District.

2. The petitioners are arrayed as accused Nos.2 and 3 in Calendar Case registered for the offences punishable under Sections 273 of Indian Penal Code and Section 20(2) of Cigarettes and Other Tobacco Products Act.

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.2 and 3 are involved in selling and purchasing the banned Tobacco products and the Police concerned have seized the said Tobacco products from the possession of the petitioners.

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 petitioner 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 in the calendar case.

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 08.11.2019 at 12.00 hours, the complainant/Sub-Inspector of Police lodged a complaint alleging that the petitioners is illegally selling Tobacco products in his shop at Nalgonda, and retailing tobacco products by procuring from unknown persons and seized tobacco products i.e.,1) A-10’s-192 boxes, Paris- 150 boxes, Esse lights- 14 boxes, Mond-30 boxes, Djarum Black-2 boxes and Zarda packets from the possession of the petitioners 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 petitioner 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 reason, the proceedings against the petitioners stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

12. Resu