Raj Purohit Bhavani Singh vs The State Of Telangana on 17 July, 2025

Telangana High Court

Raj Purohit Bhavani Singh vs The State Of Telangana on 17 July, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

          THE HONOURABLE SRI JUSTICE N.TUKARAMJI

               CRIMINAL PETITION No. 8954 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 Crime No.310

of 2025 of Matwada Police Station, Warangal District.

2. The petitioners are arrayed as accused Nos.1 and 2 in Crime No.

310 of 2025 registered for the offences punishable under Sections 272

and 275 of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’).

3. Heard Mr. Y.Bala Murali, learned counsel for the petitioners and

Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor,

representing the respondents.

4. The prosecution case in brief is that the petitioners/accused are

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 Nos.3731 and

Batch quashed the proceedings against the petitioners therein by

passing common order dated 27.08.2018. He further submits that the
2 NTR,J
Crl.P.No.8954 of 2025

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 in the crime.

6. Learned Additional Public Prosecutor would submit that the

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 11.07.2025 at 13.00 hours, the

complainant/Sub Inspector lodged a complaint alleging that the

petitioners are purchasing tobacco products banned by the Government

from unknown persons and selling the same in Ambika General Stores

shop. Accordingly, the complainant and his staff apprehended the

petitioners and seized tobacco products i.e, RR Tobacco-860 packets

x 500= 4,30,000 (Rupees Four Lakhs Thirty Thousand Only) 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
3 NTR,J
Crl.P.No.8954 of 2025

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 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 and 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.

4 NTR,J
Crl.P.No.8954 of 2025

13. For that reason, the proceedings against the petitioners stand

unsustainable. Accordingly, this Criminal Petition deserves positive

consideration.

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

against the petitioners/accused in Crime No.310 of 2025 of Matwada

Police Station, Warangal District, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

_______________
N.TUKARAMJI, J
Date:17.07.2025
ssm