D. Shesharam Vs The State of Telangana

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132171

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IN THE HIGH COURT FOR THE STATE oF TELANGANA AT HYDERABAD

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FRIDAY, THE THIRTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON'BLE SRI JUSTICE N,TUKARAMJI

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CRIMINAL PETITI ON NO:6 9620F 2025

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Between:

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1 D. SHESHARAM, S/o Devaram, aged about 37 years, occ. Business, Mataji Kirana and General Store, r/o H.No.6-336, Jalpally village, Mandal Balapui, District, Ranga Reddy. (A-1)

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2 BHUNDA RAM, S/o Jasaram, aged about 27 years, occ- Business, r/o H.No-6-336/1 , Sriram colony, Near Bharathmata statue, Jalplly village, Mandal Balapur' District Ranga Reddy (A-2)

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AND

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...petitionerslA-t a z

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The state of relangana, through station House officer, police Station, Pahadishareef, rep by Public Prosecutor, High Court at Hyderabad.

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...RespondenUComplainant

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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 quash the F.l.R No.244 of 2o2s dated. 05-05-2025 of Fotice station Pahadishareef against the petitioners/A-1 & Accused No.2 herein, for the interest of^justice.

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l.A. NO: 1 OF 2025

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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 pass an order, directing the station House officer, Folice station Pahadishareef to release/return the following seized material from the shop of petitioners/A-1and A-2 in F.l.R.No. 244|ZO2S dated. 05-05-2025 i.e. 1) V_1 Tobacco-8 bags (total-l2,000 pouches, 2) Swagath Tobacco-04 Oags [e:OO packets), Raj Niwas Tobacco-03 bags (Total-4500 pouches), 4) Sagar lobacco_ 0'1 Borra (Total^'14,000 pouches), 5) Mirza Tobacco-05 Cottons- (Total 2625 Pouches), 6) Blu Tobacco-0i Bag (3600 Sachets), Totat worth of Rs.70,000/_and handovpr the same to the petitioners/A-l and A-2, pending disposat of main Crl.P. in the interest of justice.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon heiring the arguments of Mr. S. Chandra Sekhar, Advocate for the Petitioners and the Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMIN AL PETITto N No. 69 620F 2025

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ORDER

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This criminar^petition is fired under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^,BNSS, 2023,) seeking quashment of the proceedings , against the petitioners in crime No.244 0f 2.02s ot Pahadishareef police Station, Rachakonda.

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The petitioners are arrayed as accused Nos.land 2 in crime No.244 of 2025 registered for the offences punishabre under sections 272,275 read with 3(5) of Bharatiya Nyaya Sanhita , 2023 (for short .BNS, 2023,) and Section 2o(2) ol the cigarettes and other Tobacco products (prohibition of Advertisement and Regulation of Trade and Commerce, production, Supply and Distribution) Act, 2003 (for short^,COTPA,).

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3 Heard [Vlr. S. Chandra Sekhar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public prosecutor, representing the respondent.

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The prosecution case in brief is that the petitioners/accused are involved in selling and purchasing the banned robacco products and the Police concerned seized the said Tobacco products worth of Rs.70,000/_.

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Learned counser for the petitioners wourd submit that the coordinate Bench of this court vlde criminar petition Nos.3731 and Batch quashed the proceedings against the petitioners therein by passing common order dated\1

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27.08.2018.^{He further submitsthat the respondenthas registeredthe} present crime in^{violation of the orders passed by this Court Hence' prayed} for^{quashment of the proceedings against the petitionersin the crime'}

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Leamed Additional^{Public Prosecutorwould submit that the petitioners} have to^{face either investigationor trial and prove their innocenceand lnstead} of doing^{so, they have filed the present criminal petition'which cannot be} considered^{at thisstage}

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7 I have^{perused the materials on record'}

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As Per^the Prosecution'^{on 05.05.2025at 1900 hours'the} complainanVsub-lnspector^{lodged a complaint alleging that the petitioner} No.lisrunningakiranashopatJalpallyVillage'Balapurlvlandal'Ranga Reddy District^{and petitionerNo'2 is the workerin said kirana shop'They} brought^{the governmentbanned gutka from Amith Chadda residentof} Shamshabad^{for sellingand stored at kirana Shop. Accordingly,the} complainant^{and his staff apprehended the petitioners andseizedtobacco} products¹ )^{. V-1 Tobacco-8 bags (total-'l2'000 pouches)'2) Swagath} Tobacco-O4^{bags (3360 packets)'3) Raj Niwas Tobacco-03 bags (Total-4500} Borra^{(Total14,000 Pouches), 5) Mirza} pouches),4) Sagar tobacco-01 Pouches),^{6) Blu Tobacco-01bag (3600} Tobacco-05 Cottons(Total²⁶²⁵ Sachets),^{which were total worth of Rs 70'0001 under cover of panchanama}

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The related Notification^{No 501/FSS/|/2022 dated07 01 '2022'} rohibiting manufacturing,^{storing, distribution' transportation and saleof}

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If

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gutka and pan masala in the entire State of Telangana, has been stayed by the Hon'ble supreme court of rndia in Shri venkateshwara Traders v. sfafe of Telangana and others vrde SLA No.20441 of 2021 with SLp(C) No..1656 of 2022. Thereafter, the Director Generar of porice, Terangana 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 rures of Food Safety and standards Authority of rndia 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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Having regard to this factuar position, a coordinate Bench of this court in crl.P.No.6235 of 2022 herd that against the alegations of ilegar seling and transportation of tobacco products the Sections 1gg, 269, 2lO, 272,273,278, 328 read with sections 511, 336, 409 and 42o of r.p.c., wourd not attract and .quashed the^proceedings against the petitioners therein.

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ln the instant petition, the prosecution for possession and aflegation of sale arraigned the offences under Sections 2r2, 2rs read with 3(5) of BNS, 2023 and Section 20(2) ot COTPA.

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As noted above, the concrusions drawn in the earrier criminar petition are squarely measuring up the predicament in the present petition.

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For that reason, the proceedings against the petitioners stand unsustainable. Accordingly, this Criminal petition deserves positive consideration. >

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Resultantly, the criminal^{Petition is allowed.Theproceedings against} - thepetitioners/accusedinCrimeNo.244of2025ofPahadishareefPolice Station, Rachakonda, are^{hereby quashed. Further,the StationHouse} Officer/lnvestigating Officer^{is hereby directedto returnthe seized property on} identification and verification^{under due acknowledgment'}

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Pending miscellaneous^{applications,if any, shall stand closed'}

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SD/- MOHD.ISIIJIAIL DEPUTY REGIgfRAR /

^,/ //TRUE COPY// w

SECTION OFFICER

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