Kancharla Ramesh vs The State Of Telangana And Another
2021 Latest Caselaw 1345 Tel

                     HON'BLE SRI JUSTICE K. LAKSHMAN

                              I.A.No.2 of 2021
                                  In/And
                     CRIMINAL PETITION No.3324 OF 2021
COMMON ORDER:

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

quash the proceedings in C.C.No.456 of 2020 on the file of Additional

Judicial Magistrate of First Class, Manuguru, Bhadradri-Kothagudem

District, against the petitioner. The petitioner herein is accused No.1 in

the above said crime. The offences alleged against them are under

Sections - 270 and 273 of IPC.                    The petitioner also filed I.A.No.2 of

2021 for return of material, which was seized in the above said crime.


           2. Heard Ms. Lakshmi Kanakavalli Borra, 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 petitioner 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 is that he is spurchasing the banned tobacco products and selling

them to retailers 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, therefore, the proceedings in the aforesaid

crime for the said offences are liable to be quashed against the petitioner

herein - accused No.1.

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

is allowed, and the proceedings in C.C.No.456 of 2020 on the file of

Additional Judicial Magistrate of First Class, Manuguru, Bhadradri-

Kothagudem District, are hereby quashed against the petitioner - accused

No.1.

8. I.A. No.2 of 2021 is filed by the petitioner for return of

material, which were seized in the above said crime. Since the

proceedings in the aforesaid case are quashed against the petitioner

herein - accused No.1 in C.C.No.456 of 2020 on the file of Additional

Judicial Magistrate of First Class, Manuguru, Bhadradri-Kothagudem

District, the petitioner is at liberty to file an application before the

learned Magistrate for return of the seized stock and the learned

Magistrate shall consider the same to return the seized property, in

accordance with law, 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 26, 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