Allowed¶29

Md.Yusuf, v. The State of Telangana

Telangana HC18 Aug 2025CRLP/10363/2025

Case brief

AI extract

What is this about?

Telangana High Court quashes gutka prosecution under Sections 272 and 275 BNS; quashing petition under Section 528 BNSS; Crime No.418 of 2025, Bhupalpally Police Station; relies on Chidurala Shyamsunder v. State of Telangana (Crl.P.No.3731 of 2018 & batch) and Crl.P.Nos.12333 of 2024, 152 of 2020 and batch; gutka sale not infectious disease/noxious food line of cases; return of seized tobacco packets worth Rs.1,06,106/-; Justice Tirumala Devi Eada; decided 18.08.2025.

What did the court decide?

Criminal petition allowed; proceedings against petitioners/accused Nos.1 and 2 in Crime No.418 of 2025, Bhupalpally Police Station, quashed; SHO/IO directed to return seized property on proper identification and verification under due acknowledgment; miscellaneous petitions, if any, closed. ¶29

Md.Yusuf, Vs The State of Telangana — Telangana HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

¶29

Issue for consideration

Whether the criminal proceedings against the petitioners/accused Nos.1 and 2 in Crime No.418 of 2025 (alleged offences under Sections 272 and 275 BNS, arising from purchase and sale of gutka packets) should be quashed under Section 528 BNSS. +1 more

¶22

Court's answer

The allegations in the present case pertain to purchase and sale of gutka packets, which are similar to the allegations considered in Chidurala Shyamsunder v. The State of Telangana and the orders in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch.

¶28

Ratio / Principle

Since the allegations in the present case are similar to the above said decisions, the criminal petition is allowed in terms of the above said order, and the proceedings against petitioners/accused Nos.1 and 2 in Crime No.418 of 2025 on the file of Bhupalpally Police Station are quashed.

¶29

Key takeaways

The Station House Officer/Investigating Officer is directed to return the seized property on proper identification and verification under due acknowledgment.ratio¶29

Detailed headnote1 paragraphs

Criminal Petition under Section 528 BNSS allowed: proceedings in Crime No.418 of 2025, Bhupalpally Police Station, Jayashankar Bhupalpally District, under Sections 272 and 275 BNS arising from purchase and sale of gutka packets, quashed, following Chidurala Shyamsunder v. The State of Telangana (Crl.P.No.3731 of 2018 & batch, dt.27.08.2018) and the orders in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch; Station House Officer/Investigating Officer directed to return seized property (totalling Rs.1,06,106/-) on proper identification and verification under due acknowledgment; miscellaneous petitions, if any, closed.

¶1

t344/.1

¶2

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

¶3

MONDAY, THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE

¶4

PRESENT

¶5

THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

¶6

CRIMINAL PETITION NO: 10353 OF 2025

¶7

Between:

¶8

Md.Yusuf,, s/o Razak, Age. 33years, Occ. Business, R/o. Kasimpally, Bhupalpally, Jayashankar Bhupalpally

¶9

Srikanth ,, S/o.Sadaiah 19-9-345iA, Nagendra Nagar, Khila Warangal, Rangashaipet, Warangal Dist.

¶10

...Petitioners/Accused Nos.1 & 2

¶11

AND

¶12

1 The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad

¶13

z The Sub-lnspector of Police,, Bhupalpally Police Station, Jayashankar Bhupalpally Dist

¶14

...Respondents/Complainant

¶15

Petition under Section 528 of BNSS praying that in the circumstances stated in the l\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR NO. 418 ot 2025 on the file of Bhupalpally Police Station, Jayashankar Bhupalpally District against the Petitioners.

¶16

l.A. NO: 2 OF 2025

¶17

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the respondents / Bhupalpally Police Sation, Jayashankar Bhupalpalty District to release the property 1 Vl Tobaco packets 80, worth Rs.30l each (80x 301--24001-),2) Ambar packets 30, worth Rs.175l-) each (30 x 175t=52501-),3) Anar^packets 90, worth Rs. 1601) each, (90 x 1601-=14,4001-),4) Vimal Big packets 22 worlh Rs. 1981) each (22x 198l--43561-), 5) Vimal small packets 170, worth Rs. 120l-) each(170 x 1201-20,400/-), 6) RMD gBoxes, worth Rs.600/-) each (9 x 600/-=5400/-). 7) JK 42 Boxes, worth 690/each(42x690=28900/-),8) Jabardasth packets 100, worth 2501- each (100x250=25,000/-), total W/Rs.1,06,106/-. Seized in FIR No.418 of 2025 on the file of Bhupalpally Police Station, Jayashankar Bhupalpally District in favor of the Petitioner/Accused No. 1 .

¶18

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Bala Murali Y, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents.

¶19

The Court made the following: ORDER

¶20

HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.10363 o12025

¶21

ORDER:

¶22

This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short^'BNSS') by^the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.418 of 2025 on the file of Bhupalpally Police Station, Jayashankar^{BhupalpallyDistrict,} registered for the alleged offences^{punishable under Sections272} and 275 of Bharatiya Nyaya Sanhita , 2023^{(for short 'BNS').}

¶23

Heard Sri Y.Bala Murali, learned counsel for the^petitioners and Sri Jithender Rao Veeramalla, learned^{AdditionalPublic} Prosecutor appearing for the respondents.

¶24

Leamed counsel for the^{petitioners submittedthat the} matter is squarely covered by the orders^{of this Hon'ble Court in} Cd.P.Nos.12333 ot 2024, 152 of 2020 and^{batch and in several} other^judgments. Hence, he^prayed that the^{proceedings against} the petitioners be quashed

¶25

Learned Additional Public Prosecutor also submitted that tfre issue raised in the present criminal petition is covered by the earlier order passed in the aforementioned criminal^petitions.

¶26

¶27

ETD, J Crl.P 10363²⁰²⁵

¶28

Perused the record.^{lt is evidentthat the allegations in the} present case^pertain to^{purchaseand sale of Gutkapackets,} which are similar to^{the allegations considered in Chidurala} Shyamsunder vs^{The State Of Telanganal. ln the said case it} was observed that the^{act of purchase and sale of gutka doesnot} fall under Section^{270 of IPC as it does not spread any infectious} disease and^{further it is not a noxiousfood to attractthe offence} under Section²⁷³ of^{lPC. lt is furtherobservedthat similar} orders have been^{passed in Crl.P.Nos.12333of 2024, 152 of} 2O2O and batch, and^{in several other matters.}

¶29

Since the allegations^{in the present case are similar to the} above said decisions,^{this criminal petition is allowed in terms of} the above said order.^{The proceedingsagainstthe} petitioners/accused Nos.1 and^{2 in Crime No.418of 2025on the} file of Bhupalpally Police Station,^{Jayashankar Bhupalpally} District, are hereby^{quashed. Further, the Station House} Officer/lnvestigating^{Officer is hereby directed to return the seized} property on proper identification and^{verification under due} acknowledgment.

¶30

I crl.P.No.3731 of 2018 & batch, decded on 27.08.2018

¶31

¶32

ETD, J Crl.P 10)6) 2025

¶33

As a sequel, the miscellaneous petitions pending, if any,

¶34

shall stand closed

¶35

SD/- MOHD.ISMAIL DEPUTY REGISTRAR

¶36