Telangana High Court
T.Vinod Kumar vs The State Of Telangana on 4 August, 2025
Author: N.Tukaramji
Bench: N.Tukaramji
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
CRIMINAL PETITION No. 9837 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/accused Nos.2
and 3 in C.C.No.2369 of 2019 on the file of the Judicial First Class
Magistrate-cum-Junior Civil Judge at Nalgonda, Nalgonda District.
2. The petitioners are arrayed as accused Nos.2 and 3 in Calendar
Case registered for the offences punishable under Sections 273 of
Indian Penal Code and Section 20(2) of Cigarettes and Other Tobacco
Products Act.
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
Nos.2 and 3 are involved in selling and purchasing the banned Tobacco
products and the Police concerned have seized the said Tobacco
products from the possession of the petitioners.
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5. Learned counsel for the petitioners would submit that a
Coordinate Bench of this Court vide Criminal Petition Nos.3731 and
Batch on considering similar allegations and the merits quashed the
proceedings against the petitioner therein. 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 petitioners in the calendar case.
6. Learned Additional Public Prosecutor would submit that the
petitioners have been found with the 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 08.11.2019 at 12.00 hours, the
complainant/Sub-Inspector of Police lodged a complaint alleging that
the petitioners is illegally selling Tobacco products in his shop at
Nalgonda, and retailing tobacco products by procuring from unknown
persons and seized tobacco products i.e.,1) A-10’s-192 boxes, Paris-
150 boxes, Esse lights- 14 boxes, Mond-30 boxes, Djarum Black-2
boxes and Zarda packets from the possession of the petitioners under
the cover of panchanama.
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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
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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 petitioners
stand unsustainable. Accordingly, this Criminal Petition deserves
positive consideration.
12. Resultantly, the Criminal Petition is allowed. The proceedings
against the petitioners/accused Nos.2 and 3 in C.C.No.2369 of 2019 on
the file of the Judicial First Class Magistrate-cum-Junior Civil Judge at
Nalgonda, Nalgonda District, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
_______________
N.TUKARAMJI, J
Date: 04.08.2025
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