HON'BLE SRI JUSTICE K. LAKSHMAN
I.A.No.2 of 2021
In/And
CRIMINAL PETITION No.3359 OF 2021
COMMON ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to
quash the proceedings in PRC.No.35 of 2021 on the file of Additional
Judicial Magistrate of First Class, Mahbubabad, against the
petitioners. The petitioners herein are accused Nos.1 and 2 in the
above said crime. The offences alleged against him are under Sections
- 420, 270, 273 and 328 of IPC. The petitioners have also filed
I.A.No.2 of 2021 for return of the seized property.
2. Heard Ms. C. Sunitha Kumari, learned counsel for the
petitioners, and learned Assistant Public Prosecutor appearing on
behalf of respondents. Perused the entire material available on record.
3. The learned counsel for the petitioners would submit that the allegations levelled against the petitioner lacks the ingredients of the aforesaid offences and, therefore, he sought to quash the proceedings against the petitioners. In support of the same, he has placed reliance on the judgment in Chidurala Shyamsubder v. State of Telangana1 rendered by a learned Single Judge of the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh. 1 . Crl.P. No.3731 of 2018 & batch, decided on 27.08.2018 2
4. On the other hand, learned Assistant Public Prosecutor has tried to distinguish the principle laid down in the said judgment to the facts of the present case.
5. Perused the judgment in Chidurala Shyamsubder (supra), wherein a learned Single Judge of the High Court observed that transportation of chewing tobacco or Khaini or Pan Masala do not constitute an offence punishable under Section 270 of IPC and that manufacturing of pan masala is not included in Section - 273 of IPC and, therefore, the same is not an offence since it is not a noxious food. The learned Single Judge further observed as under:
"....The act done by the petitioners i.e., transportation of khaini and chewing tobacco though dangerous to human life, it would not spread or infect or cause any disease on account of transportation and if those products are consumed by human being, it would certainly cause damage to the health. Therefore, transportation of khaini or chewing tobacco is not by itself is not an offence under Section - 270 of IPC and it would fall within Section 270 of IPC."
6. In the present case, the allegation levelled against the petitioners herein that they are purchasing the banned tobacco products and selling them to retails to get more profits illegally. In view of the above said decision, the contents of the complaint lacks the ingredients of Sections - 270 and 273 of IPC and so also Section 420 and 328 of IPC and, therefore, the proceedings in the aforesaid 3 crime for the said offences are liable to be quashed against the petitioners herein - accused Nos.1 and 2.
7. In view of the above discussion, the present Criminal Petition is allowed, and the proceedings in PRC.No.35 of 2021 on the file of Additional Judicial Magistrate of First Class, Mahbubabad, are hereby quashed against the petitioners - accused Nos.1 and 2.
10. I.A.No.2 of 2021 is filed by the petitioners for return of the seized property. Since the proceedings in the aforesaid case are quashed against the petitioners herein - accused Nos.1 and 2 in PRC.No.35 of 2021, the petitioners are at liberty to file an application before the learned Magistrate for return of the seized property and the learned Magistrate shall consider the said application in accordance with law, for return of the seized property on proper identification and verification of ownership of seized property under due acknowledgment. Accordingly, I.A.No.2 of 2021 is ordered.
As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand closed.
_________________ K. LAKSHMAN, J April 27, 2021 Note:
Registry is directed to annex a copy of Common Order, dated 27.08.2018 in Crl.P. No.3731 of 2018 & batch to this order.
(B/O.)dv