Telangana High Court
. Dandu Anand Kumar, vs The State Of Telangana on 4 July, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 8305OF 2025
ORDER
This Criminal Petition is filed under Section 528 of BharatiyaNagarikSurakshaSanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings, against the petitionersin C.C.No.6984 of 2022, on the file of the I Additional Junior Civil Judge- cum-IX Additional Judicial Magistrate of First Class, at Kukatpally, Cyberabad.
2. The petitioners are accusedin C.C.No.6984 of 2022registered for the offences punishable under Sections 420 and 273, 188 of Indian Penal Code.
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 is 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.8305 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 petitioner in the crime.
6. Learned Additional Public Prosecutor would submit thatthe 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 17.05.2019 at 17.00 hours, the complainant/Sub-Inspector of Police lodged a complaint alleging that the petitioner/accused used his house as gowdown and stored tobacco products to sale them for more benefits. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products 1) SagarJarda-(SR-1)(1700 packets), 2) RR Gold Jarda(50 Packets), under cover of panchanama.
9. The related Notification No.501/FSS/I/2022 dated 07.01.2022, prohibiting manufacturing, storing, distribution, transportation and sale 3 NTR,J Crl.P.No.8305 of 2025 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 batchheld 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 would not attract andquashed the proceedings against the petitioners therein.
11. In the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 420, 273 and 188 of Indian Penal Code.
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NTR,J Crl.P.No.8305 of 2025
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 in C.C.No.6984 of 2022 of I Additional Junior Civil Judge-cum-IX Additional Judicial Magistrate of First Class, at Kukatpally, Cyberabad, are hereby quashed. The petitioner- accusedaregranted liberty to file appropriate application for return of seized property, whereupon the 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: 04.07.2025 tssb