Allowed

Abdul Nadeem Saudagar v. The State of Telangana

Telangana HC3 Apr 2023CRLP/3272/2023

Case brief

AI extract

What is this about?

In a criminal petition under Section 492 Cr.P.C., the High Court of Telangana allowed the petition and quashed criminal proceedings against the petitioner. The quashing was based on common orders passed earlier in similar batch cases involving tobacco offences. The court directed the petitioner to apply for the return of seized property if not expired, and pending miscellaneous petitions were clos

What did the court decide?

Quashed the proceedings in C.C.No.15268 of 2019; permitted the petitioner to apply for return of seized property.

Abdul Nadeem Saudagar Vs The State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

¶1

[^32sl ]

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

MONDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND TWENTY THR'E

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K.SURENDER

¶6

Between:

¶7

CRIMINA L PETITION NO;3272 oF 2023 ALON G WITH I.A.NO.1 oF 2023

¶8

ABDUL NADEEM SAUDAGAR, S/o Abdul Mannan Saudagar, aged about 51 years, College, Shaikpet, Hyderabad.occ.Business, r/o Frat No.2, Farion varey, "t?'tzi#nlii*

¶9

AND

¶10

...PETtTtoNERysoLE ACCUSED

¶11

The State of Telanoana, tl,totrSl, S.H.O police Station Golconda, Hyderabad, rep by^public prose"cutoi, H,gn-C.u,t, Evo;;;

¶12

...RESPONDENT/COMPLAINANT

¶13

Petition under section.4g2 0f cr.p.c praying that in the circumstances stated in the Memorandum of Grounds or ci,iinir^'i"tition, the High court may be pleased to pass an order directing *,. Hoiorraure XVI Additionar chief Metropolitan Magistrate, at Nampally, ffiOeriOal^--

¶14

I.A. No:1O F 2023

¶15

Petition under section -4g2 0f cr.p.c praying that in the circumstances stated in the Memorarldum of Grounds or crimin'ai pe.tition,the High court may be preased to pass an order, directing tnl Honouraore xvil Additionar chief Metropo.litan Magistrate, at Nampally] HyOeiaOlO, to release the seized qe11s9!!te tobacco products in'C.c.(o.rsioelzots fr r.n.r,r".+sd;'o-rs dated.13l11r2o1B of porice station .^{Gorconoa, -iyoeraoad} and handover the same to the petitioner/sore accused, pending disposar of main crr.p. in the interest of justice.

¶16

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the arguments of sri s GHANDRASEKHAR, Advocate for the petitiorier dhd the pubric prosecutor for the State of Telangana on behalf of the Respondent

¶17

The Court made the following: ORDER

¶18

Crl.Petit or. No.1272 of 2023

¶19

¶20

THE HONOURABLE SRI JUSTICE K.SURt:t\lDtR

¶21

CRII4INAL PETITION No.3272 oF 2C t23 ALONG WITH I.A .No.1 of 2023

¶22

coMMoN ogD_!B:

¶23

This Crin inal^petition under Section 492 of t-re Code of Criminal Pror:e< ure, 1973 (for short^,Cr.p.C..), is fi ed by the petitioner to qu,rsh the proceedings against him in C.C..,lo. L526g of 2019, pending cn the file of XVII Additional Chief l'4etr.opolitan Magistrate at Na ntally, Hyderabad.

¶24

The petrtir nr:rs herein are the accused in the sail crirre. The offences allegr:d ar;arnst them are under Sections 272,273 znd 420 of Indian Peral Code (for short^,.IpC) and Section 2{:)(2) of the cigarettes and o ht:r Tobacco products (prohibition of pdvertisement and Regulation tf Trade and Commerce, production, liupply and Distribution) Ar:t, 2()03 (for short^.COTP Act,).

¶25

Heard le,: rned counsel for the petitioner arrd learned Additional Pubric^)r,rsecutor for the respondent. peruserr the record.

¶26

Perusar .f hr: record wourd revear that the ris inrorvecr in this case had arre.rd' rleen deart with by this Court exte nr;ively vide

¶27

Crl.Petition No-3272 of 2023

¶28

¶29

cornmon order dated 05.07.2021 in Crl.p. No.152 of 2020 and batch which was reported in Mohd. Jameel Ahmed v. State of Telanganat and also vide common order dated L0.06.2022 in Crl.P.No.5619 of 2020 and batch.

¶30

Therefore, this Criminal petition is allowed quashing the proceedings in C.C.No.15268 of 2019, pending on the file of )0/II Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, in terms.of the common order, dated O5.O7.2OZL passed by this Court in Mohd. Jameel Ahmed (Supra) and also common order dated 70.06.2022 in Crl.p.No.56t9 of ZO20 and batch.

¶31

Since the charge sheet is already filed the petitioner is at liberty to file an appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired, the same shall be destroyed by taking permission from the concerned Magistrate.

¶32

'^{2oz2 crlL!6q2}

¶33

Crl.Pel ition N,).3272 of 2023

¶34

¶35

t I:

¶36

The co1- y of the common orders passed b) ,.his Court in Criminal Petrtir:n No.r52 of 2020 and batch on 05.07.2102r and also in Criminal Pel.i .ic,n No.5619 of 2OZO and batch on lC.it6.2022, shall

¶37

form part of 1.hi ; order.

¶38

As a seqt el thereto, Miscellaneous petitions, if any, pending in

¶39

the Criminal Pet tirtn stand closed.

¶40

SD/. N. CHANI)IiIA SEKHAR BAO ASSISTi\N1' REGISTRAR

//TRUE COPY//

I;ECTION OFFICER

To,

1 The XVll Addrtr: nz,l Chief metropolitan Magistrate^{at Naml,3lly,llyderabad} 2 The SHO, P.Sl.. 3r>lconda, Hyderabad Two CCs to the^rl.lBLlC PROSECUTOR,^{High Court for tlre State of}

¶46

Telangana at Hr de:rabad [OUT]

¶47