Telangana High Court
Kranthi Kumar Samala vs The State Of Telangana on 18 June, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 7228 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.124 of 2025 of Kandukur Police Station, Rachakonda District.
2. The petitioners are accused Nos.1 to 3 in Crime No.124 of 2025 registered for the offences punishable under Sections 223, 275 r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 20 (2) of the Cigarettes and Other Tobacco Products Act (for short 'COTPA') 2003.
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 to 3 are involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products.
5. Learned counsel for the petitioners would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 2 NTR,J Crl.P.No.7228 of 2025 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.08.2018. 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 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 19.05.2025 at 21.30 hours, the complainant/Sub-Inspector of Police lodged a complaint alleging that the petitioner No.1 is running a shop, and selling the tobacco products banned by the Government by purchasing from petitioner No.2 through an order of petitioner No.3. Accordingly, the complainant and his staff apprehended the petitioners and seized tobacco products 1) Miraj Tobacco (1050 Pouches), 2) Sagar Pan Masala (3500 Pouches, 3) SRI Tobacco (3500 Pouches), 4) SS- One Tobacco (1088 Pouches), 5) VI Tobacco (3900 Pouches), 6) Shikar Pan Masala (1120 Pouches), 7) RR Tobacco (2400 Pouches), 8) Vimal Pan Masala (3900 Pouches), 9) Blue Chewing Tobacco (1200 Pouches) 10) Bahubali Pan Masala 3 NTR,J Crl.P.No.7228 of 2025 (1260 Pouches), 11) Chaini Tobacco (300 Pouches), 12) Chota Baba Tobacco (50 Pouches) and 13) Sudhakar Jarda (400 Pouches), 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 R.C.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 orders 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 and batch 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., and Sections 20 (1) and (2) of COTPA 4 NTR,J Crl.P.No.7228 of 2025 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 223, 275 r/w. 3 (5) of BNS, 2023 and Section 20 (2) of COTPA, 2003.
12. As noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition.
13. For that reason, the proceedings against the petitioners stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.
14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.1 to 3 in Crime No.124 of 2025 of Kandukur Police Station, Rachakonda District, are hereby quashed. The petitioners-accused Nos.1 to 3 are granted liberty to file appropriate application for return of seized property, whereupon the trial Court is directed to release the seized property to the petitioners on proper acknowledgment.
5 NTR,J Crl.P.No.7228 of 2025 Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 18.06.2025 lk