Telangana High Court
Mirza Taqi Ali And Another vs State Of Telangana And Another on 9 November, 2022
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
CRIMINAL PETITION No.9863 of 2022
ORDER:
Heard Sri P.Srihari Nath, learned counsel for the petitioners as well as the learned Additional Public Prosecutor representing respondent Nos.1 and 2.
2. Seeking the Court to quash the proceedings that are pending against the petitioners who are arrayed as accused Nos.3 and 4 in S.C.No.61 of 2022 on the file of the Court of I Additional District and Sessions Judge, Nalgonda, the present Criminal Petition is filed.
3. Making his submission, learned counsel for the petitioners states that the petitioners are eking out their livelihood by vending Go Twins free roll papers which are used for preparation of various bakery products and the petitioners were not aware of the fact that accused No.1 had purchased the said rolls for selling ganja and further, it is not the case of the prosecuting agency also that the petitioners are involved in the acts of selling ganja or other connected activities and hence, the proceedings 2 Dr.CSL, J CrlPNo.9863 of 2022 that are pending against the petitioners are liable to be quashed.
4. The submission of the learned Additional Public Prosecutor is that as the Investigating Officer found that those rolls were used for preparing the items for consumption of ganja, the petitioners are also arrayed as accused. However, learned Additional Public Prosecutor stated that nowhere in the charge sheet, the orders promulgated by a public servant or Government with regard to prohibiting the sale of Go Twins free roll papers are mentioned.
5. The case of the prosecution, as could be perceived through the contents of the charge sheet, is that accused Nos.2 and 3 are known persons to accused No.1. Accused No.1 was eking out his livelihood by maintaining a pan shop. Accused No.1 hatched a plan to sell ganja. Accused No.1 used to purchase ganja from accused No.2 and used to sell the ganja to students and others by keeping the same in Go Twins free roll papers. One week prior to the date of incident, accused No.1 went to accused No.2 and purchased 2 kgs of ganja. He also purchased two bundles 3 Dr.CSL, J CrlPNo.9863 of 2022 of Go Twins free rolls from accused No.3. Accused No.4 used to sell the said Go Twins free rolls to accused No.3. Thus, all the accused were acting in a manner prejudicial to public order and wide spread of danger to public life and health. Therefore, accused Nos.1 and 2 committed offences punishable under Section 8(c) r/w 20(b)(ii)(A) of the Narcotic Drugs And Psychotropic Substances Act, 1985 and also Section 188 IPC. Accused Nos.3 and 4, who were found to be selling Go Twins free roll smoking papers, have committed offence punishable under Section 188 IPC. Section 188 IPC reads as under:-
"Disobedience to order duly promulgated by public servant.--Whoever, knowing that, by an order promulgated by a public servant lawfully empowered to promulgate such order, he is directed to abstain from a certain act, or to take certain order with certain property in his possession or under his management, disobeys such direction, shall, if such disobedience causes or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, be punished with simple impris- onment for a term which may extend to one month or with fine which may extend to two hundred rupees, or with both;
and if such disobedience causes or tends to cause danger to human life, health or safety, or 4 Dr.CSL, J CrlPNo.9863 of 2022 causes or tends to cause a riot or affray, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
6. Thus, the said Section attracts only when a person knowing that an order is promulgated by a public servant, who is lawfully empowered to promulgate such an order, has disobeyed such direction, and if such disobedience causes obstruction, annoyance or injury to any person lawfully employed, and if such disobedience causes or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray, shall be liable to be punished.
7. In the entire charge sheet, nowhere it is mentioned about the orders that are promulgated by the Government or public servant, which were disobeyed by the petitioners. Further, no details whatsoever are mentioned about the sale of such Go Twins free roll papers to minors, school children or college students by the petitioners. It is not even narrated or mentioned that being aware of the fact that accused No.1 would be using those rolls for preparation of ganja rolls, the petitioners 5 Dr.CSL, J CrlPNo.9863 of 2022 have sold the said rolls to him. Also, it is not mentioned that by any order promulgated by a public servant, the petitioners are prohibited from selling such Go Twins free rolls. Also, it is not indicated that there is restriction on sale of such rolls. In the absence of the afore-mentioned particulars and as it is not stated even by the learned Additional Public Prosecutor before this Court that any such order regarding prohibition of sale of those rolls is promulgated by a public servant or the Government and the same is disobeyed by the petitioners, this Court is of the view that it would not be justifiable to continue the proceedings against the petitioners.
8. The allegations though in brief, should be specific in the charge sheet. Such specific allegations attracting Section 188 IPC are absent insofar as the petitioners are concerned. Therefore, this Court is of the view that it would be wholly undesirable to permit continuation of proceedings against the petitioners. Thus, this Court holds that the request of the petitioners is justifiable.
9. Resultantly, this Criminal Petition is allowed. The proceedings that are pending against the petitioners who 6 Dr.CSL, J CrlPNo.9863 of 2022 are arrayed as accused Nos.3 and 4 in S.C.No.61 of 2022 on the file of the Court of I Additional District and Sessions Judge, Nalgonda, are hereby quashed
10. As a sequel, pending miscellaneous applications, if any, shall stand closed.
__________________________________ Dr.CHILLAKUR SUMALATHA, J 09.11.2022 Dr