Telangana High Court
Rajpurohith Naresh, vs The State Of Telangana on 4 February, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.1523 of 2025
O R D E R:
This Criminal Petition is filed by the petitioner-accused to
quash the proceedings in FIR No.7 of 2025 on the file of the Station
House Officer, Marwada Police Station, Warangal District. The
offences alleged against the petitioner-accused are under Sections
272, 275 of the Bharatiya Nyaya Sanhita (for short 'BNS')
(Previously, Sections 270 and 273 of the Indian Penal Code).
02. Heard Sri Y.Bala Murali, learned counsel for petitioner
and Sri Jithender Rao Veeramalla, learned Additional Public
Prosecutor for the State-respondent.
03. In Chidurala Shyamsubder v. State of Telangana1,
a learned Single Judge of the High Court, by following the guidelines
laid down by the Honourable Supreme Court in State of Haryana v.
Bhajan Lal2, held that the transportation or 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
CRL.P.No.3731 of 2018 and batch dated 27.08.2018
1992 Supp (1) SCC 335
offence since it is not a noxious food. The learned Single Judge has
further observed in the said Judgment which is 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."
04. Section 273 of IPC deals with sale of noxious food or
drink, and as per which, whoever sells, or offers or exposes for sale,
as food or drink, any article which has been rendered or has
become noxious, or is in a state unfit for food or drink, knowing or
having reason to believe that the same is noxious as food or drink,
shall be punished with imprisonment of either description for a term
which may extend to six months, or with fine which may extend to
one thousand rupees, or with both. Therefore, if a person offers for
sale a 'food or drink' any article which has become noxious or is in a
state of unfit for 'food or drink'. Thus, the said section would apply,
when an article which has become noxious or which has been
rendered noxious. It also applies to food or drink only. As held in
Sri Jaganath Enterprises Eluru Vasadhi Tripati Rao v. The State
of Andhra Pradesh3, the word 'noxious' is not defined in IPC and
FSS Act. As per the dictionary meaning, the word 'noxious' is
harmful, deleterious, injurious, poisonous etc. As stated above, the
allegation is with regard to transportation, possession, storage, sale
and purchase of banned tobacco products. Hence, the contents of
the complaint lacks the ingredients of Section 273 of IPC. Therefore,
the said proceedings in FIR No.7 of 2025 registered under Sections
272, 275 of BNS against the petitioner are contrary to the principle
held by the learned Single Judge of the High Court in Chidurala
Shyamsubder (supra) and, accordingly, the same are liable to be
quashed.
05. In view of the above, the present Criminal Petition is
allowed in terms of Chidurala Shyamsubder (supra), and the
proceedings in FIR No.7 of 2025 on the file of the Station House
Officer, Marwada Police Station, Warangal District, are hereby
quashed. The petitioner-accused is at liberty to file appropriate
application before the learned Court below for return of seized
property. On such application being filed, the learned Court below is
directed to release the seized property to the petitioner on proper
acknowledgment.
2020 (1) ALT (CRL.) 215 (APHC)
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
_______________________
JUVVADI SRIDEVI, J
Date: 04-FEB-2025
KHRM
