Telangana High Court
Heda Raj Kumar vs The State Of Telangana on 24 June, 2025
Author: N. Tukaramji
Bench: N. Tukaramji
THE HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION No.7513 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 Cr.No.498 of 2025 on the file of Chaitanyapuri Police Station, Rachakonda District.
2. The petitioners are accused Nos.1 and 2 in Crime No.498 of 2025 registered for the offences punishable under Sections 274, 275 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS, 2023') and Section 20(2) of COTPA Act.
3. Heard Mr.Nand Kishore Yadav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, for the respondent No.1-State.
4. The prosecution case in brief is that the petitioners/accused Nos.1 and 2 are involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products from their possession.
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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 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.
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 30.05.2025 at 12.00 hours, the Sub Inspector of Police lodged a complaint alleging that the petitioner No.1 is running a shop at H.No.1-6-514, Road No.02, Chaitanyapuri Colony, Rangareddy District and retailing tobacco products by procuring them from a supplier by name Nasir and seized tobacco products (1) RR Gold Tobacco- 53 Packets, 3 (2) RR Pan Masala-30 Packets, (3) RR Tobacco-05 Packets, (4) Raja Tobacco-04 Packets, (5) Swagath Gold Tobacco-13 Packets, (6) Chaini Premium Filter- 07 Packets, (7) Sagar Pan Masala- 11 Packets, (8) SR-1 Tobacco-35 packets, (9) Vimal Kins Pan Masala- 20 Packets, (10) V-1 Kins Tobacco-20 packets, (11) Amber Tobacco- 15 Packets, (12) SS One Tobacco-40 Packets, (13) Shikar Pan Masala- 32 Packtes, (14) Raj Niwas- 05 Pan Masala Packets, (15) ZL-01 Zafrani Zarda-10 Packets, (16) Kamala Pasand Pan Masala- 18 Packets, (17) KP Double Black-56 Packets, (18) Vimal Pan Masala-28 Packets, (19) V-1 Tobacco-41 Packets, (20) Maha Baba Tobacco- 10 Packets from the possession of petitioner No.1 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 4 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 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 274, 275 of BNS, 2023 and 20(2) of COTPA 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 stands 5 unsustainable. Accordingly, this Criminal Petition deserves positive consideration.
12. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.1 and 2 in Crime No.498 of 2025 on the file of Chaitanyapuri Police Station, Rachakonda District, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
____________________ JUSTICE N. TUKARAMJI Date: 24.06.2025 KRL