Telangana High Court
Edukulla Shiva Kumar vs The State Of Telangana on 10 June, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 6384 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 petitioner in Crime No.522 of 2025 of Hayathnagar Police Station, Rachakonda District.
2. The petitioner is accused No.1 in Crime No.522 of 2025 registered for the offences punishable under Sections 274 and 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 petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.
4. The prosecution case in brief is that the petitioner/accused No.1 is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.6,000/-.
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5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 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 petitioner in the crime.
6. Learned Additional Public Prosecutor would submit that the petitioner has to face either investigation or trial and prove her innocence and instead of doing so, she has 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 22.04.2025 at 13.00 hours, the complainant/Sub-Inspector of Police lodged a complaint alleging that the petitioner is running a kirana shop at Veera Bhadra Nagar, and by purchasing tobacco products banned by the Government from unknown persons, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) JL-01 Tobacco (1080 Pouches), 2) RR Gold Tobacco-5250 Pouches, 3) SR-1 Tobacco (1050 Pouches), 4) SS- One Tobacco (228 Pouches), 5) KP Tobacco (924 Pouches), 6) Swagath 3 NTR,J Crl.P.No.6384 of 2025 Gold Tobacco (156 Pouches), 7) KP Black Lable (240 Pouches),
8) Raja Tobacco (352 Pouches), 9) Umarao (12 Pouches) 10) Chaini Tobacco (105 Pouches), 11) Amber Tobacco (50 Pouches), 12) V-1 Tobacco (210 Pouches), 13) RR-Tobacco (560 Pouches), 14) Dhopatti (40 Pouches) 15) Miraz Khaini (225 Pouches) 16) KP Double Black (110 Pouches), which were total worth of Rs.6,000/- 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 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 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 4 NTR,J Crl.P.No.6384 of 2025 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 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 274 and 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 petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.
14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused No.1 in Crime No.522 of 2025 of Hayathnagar Police Station, Rachakonda District, are hereby quashed. The petitioner-accused No.1 is granted liberty to file appropriate application for return of seized property, whereupon the 5 NTR,J Crl.P.No.6384 of 2025 trial Court is directed to release the seized property to the petitioner on proper acknowledgment.
Pending miscellaneous applications, if any, shall stand closed.
_______________ N.TUKARAMJI, J Date: 10.06.2025 lk