Shaik Salman vs The State Of Telangana
2021 Latest Caselaw 1410 Tel

                HON'BLE SRI JUSTICE K. LAKSHMAN
                         I.A.No.2 of 2021
                              In/And
                CRIMINAL PETITION No.3698 OF 2021
ORDER:

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

quash the proceedings in Crime No.58 of 2021 on the file of P.S.,

Adilabad II Town Police Station, Adilabad District, against the

petitioner. The petitioners herein are accused Nos.1 and 2 in the above

said crime. The offences alleged against them are under Sections - 270

and 273 of IPC. The petitioners also filed I.A.No.2 of 2021 for return

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

2. Heard Mr. Gajanand Chakravarthi, 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 petitioners 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 are that they are purchasing 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, 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 Crime No.58 of 2021 on

the file of the Station House Officer, Adilabad II Town Police Station,

Adilabad District, are hereby quashed against the petitioners - accused

Nos.1 and 2.

8. Since the proceedings in the aforesaid case are quashed

against the petitioners herein - accused Nos.1 and 2 in Crime No.58 of

2021, the Station House Officer, Adilabad II Town Police Station,

Adilabad District, 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 29, 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