Research › Search › Judgment

Telangana High Court · body

2025 DIGILAW 855 (TS)

Sarwar Miya Sd v. State of Telangana

2025-06-10

N.TUKARAMJI

body2025
ORDER : N.TUKARAMJI, J. 1. 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.70 of2025 of Ghanpur W Police Station, Warangal District. 2. The petitioner is sole accused in Crime No.70 of 2025 registered for the offences punishable under Sections 272, 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’). 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 have seized the said Tobacco products worth of Rs.65,325/- from his possession. 5. Learned counsel for the petitioner would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.6235 of 2022 and Batch, on considering similar allegations and the merits, quashed the proceedings against the petitioners therein. He further submits that the2 nd 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. 6. Learned Additional Public Prosecutor would submit that the petitioner has been found with 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. 6. Learned Additional Public Prosecutor would submit that the petitioner has been found with 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 19.03.2025 at about 17.30 hours, the complainant/Head Constable, Ghanpur W Police Station, lodged a complaint alleging that the petitioner has been retailing tobacco products in his Classic Pan Shop at Ghanpur by procuring from unknown persons and seized 1) Anar Tobacco Packets – 28 (28 X 160 = Rs.3,360/-), 2) Amber Tobacco Packets – 48 (48 X 175 = Rs.8,400/-), 3) V1 Tobacco Packets – 276 (276 X 30 = Rs.8,280/-), 4) SR-1 Tobacco Packets – 20 (20 X 30 = Rs.600/-), 5) Blue Bull Tobacco Packets – 11 (11 X 200 = Rs.2,200/-), 6) Bab Black Tobacco Packets – 20 (20 X 185 = Rs.3,700/-), 7) Golden Tobacco Packets – 4 (4 X 500 = Rs.2,000/-), 8) Swagath Gold Tobacco Packets – 5 (5 X 168=Rs.840/-), 9) JK-3320 Tobacco Packets – 8 (8 X 500 = Rs.4,000/-), 10) Miraz Tobacco Packets – 5 (5 X 225 = Rs.1,125/-), 11) Maharatan-307 Tobacco Packets – 80 (80 X 103 = Rs.8,240/-), 12) M Gold Tobacco Packets – 3 (3 X 600 = Rs.1,800/-), 13) Baba-54 Tobacco Packets – 2 (2 X 1,270 = Rs.2,540/-), 14) JK-3320 Tobacco Boxes – 5 (5 X 600 = Rs.3,000/-), 15) Baba-120 Tobacco Box – 1 (1 X 450 = Rs.450/-), 16) Baba-120 Tobacco Packets – 16 (16 X 790 = Rs.12,640/-), 17) Baba- 160 Tobacco Packet – 1 (1 X 2,150 = Rs.2,150/-), which were total worth of Rs.65,325/- from the possession of the petitioner 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 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 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 petitioner 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 272, 275 of BNS, 2023. 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 petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration. 12. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in Crime No. 70 of 2025 of Ghanpur W Police Station, Warangal District, are hereby quashed. 13. Pending miscellaneous applications, if any, shall stand closed.