Lenkapalli Sai Chandra vs The State Of Telangana on 15 July, 2025

Telangana High Court

Lenkapalli Sai Chandra vs The State Of Telangana on 15 July, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

          THE HONOURABLE SRI JUSTICE N.TUKARAMJI

                  CRIMINAL PETITION No.8789 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.339

of 2025 of Jangaon Police Station, Warangal District.

2. The petitioner is sole accused in Crime No.339 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 seized the said Tobacco products worth of

Rs.19,11,590/-.

5. Learned counsel for the petitioner would submit that the

Coordinate Bench of this Court vide Criminal Petition Nos.3731 and

Batch quashed the proceedings against the petitioners therein by
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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 his

innocence and instead of doing so, he 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 11.07.2025 at 21.00 hours, the

complainant/Sub-Inspector of Police lodged a complaint alleging that

the petitioner is running a shop near Nehru Park, Jangaon Town and by

purchasing tobacco products banned by the Government from

Hyderabad and supplying the same to different shops. Accordingly, the

complainant and his staff apprehended the petitioner and seized Gutka

packets which was in said vehicle, they are 1) R.R Tobacco (841

Packets) -841 X 500-4,50,500/-, 2) J.K. Tobacco (2390 Packets)- 2390

X 100 -2,39,000/-, 3) Ambar Tobacco (1110 Packets) -1110 X 500 =

5,55,000/-, 4) Anar Tobacco (288 Packets) -288 X 500 = 1,44,000/-, 5)

Meraj Tobacco (116 Packets) -116 X 500 = 58,000/-, 6) Blue bell

Tobacco (742 Packets) -742 X 500 = 3,71,000/-, 7) J.J Tobacco (200
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Packets) -200 X 200 = 40,000/-, 8) V1 Tobacco (200 Packets) -200 X

50 = 10,000/-, 9) S.R1 Tobacco (277 Packets) -277 X 50 = 13,850/-,

10) Swagath Tobacco (10 Packets) -10 X 500 = 5,000/-, 11) Maharthan

Tobacco (50 Packets) -50 X 500 25,000/-, 12) Black Baba Tobacco (44

Packets) -44 X 200 = 8,800/-, 13) KP Double Black Tobacco (50

Packets) -50 X 50 = 2,500/-, 14) ΚΡ Double Black 18 Tobacco

(50Packets) -50 X 100 = 5,000/-, 15) Black Baba 500grms box (05

Packets) -05 X 1600 = 8,000/-, 16) Keshav Tobacco (22 Packets) -22 X

270 = 5,940/-, all worth Rs.19,11,590/- 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

order of the Hon’ble Supreme Court is in force.

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10. Having regard to this factual position, a Coordinate Bench of this

Court in Crl.P.No.6235 of 2022 held 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., 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 272, 275 of

BNS, 2023.

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 stands

unsustainable. Accordingly, this Criminal Petition deserves positive

consideration.

14. Resultantly, the Criminal Petition is allowed. The proceedings

against the petitioner/accused in Crime No.339 of 2025 of Jangaon

Police Station, Warangal District, are hereby quashed.

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Pending miscellaneous applications, if any, shall stand

closed.

_______________
N.TUKARAMJI, J
Date: 15.07.2025
KRL