Telangana High Court
Vallapu Suresh vs Head Constable on 27 April, 2021
Bench: K.Lakshman
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.
. 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
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
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
