Mohammad Akram vs The State Of Telangana
2021 Latest Caselaw 1273 Tel

                HON'BLE SRI JUSTICE K. LAKSHMAN

                  CRIMINAL PETITION No.3199 OF 2021

ORDER:

This petition is filed under Section 482 of Cr.P.C.,

seeking to quash the proceedings in Crime No.39 of 2021 on

the file of Adilabad Rural Police Station, Adilabad District,

against the petitioner. The petitioner herein is sole accused in

the above said crime. The offences alleged against him are

under Sections - 270 and 273 of IPC.

2. Heard Gajanand Chakravarthi, learned counsel for the

petitioner, and learned Assistant Public Prosecutor appearing

on behalf of respondents. Perused the entire material

available on record.

3. The learned counsel for the petitioner 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 petitioner. 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.

. Crl.P. No.3731 of 2018 & batch, decided on 27.08.2018

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

petitioner herein that he is 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. Therefore, the proceedings in the aforesaid crime for

the said offences are liable to be quashed against the

petitioner herein - accused.

7. In view of the above discussion, the present Criminal

Petition is allowed, and the proceedings in Crime No.39 of

2021 pending on the file of Adilabad Rural Police Station,

Adilabad District, are hereby quashed against the petitioner -

accused.

8. Since the proceedings in the aforesaid case are quashed

against the petitioner herein - accused in Crime No.39 of

2021, the Station House Officer, Adilabad Rural Police

Station, is directed to return the seized property on proper

identification and verification of ownership of seized property

under due acknowledgment.

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

the criminal petition shall stand closed.

__________________ K. LAKSHMAN, J April 20, 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. PN

HON'BLE SRI JUSTICE K. LAKSHMAN

CRIMINAL PETITION No.3199 OF 2021

April 20, 2021

PN