Telangana High Court
Konda Rakesh vs The State Of Telanana on 20 February, 2025
Author: Juvvadi Sridevi
Bench: Juvvadi Sridevi
THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI
CRIMINAL PETITION No.2496 of 2025
O R D E R:
This Criminal Petition is filed by the petitioner-accused No.3
to quash the proceedings in Crime/FIR No.22 of 2020 on the file
of the Station House Officer, Maripeda Police Station,
Mahabubabad District. The offences alleged against the
petitioner-accused No.3 are under Sections 270, 273 read with 34
of the Indian Penal Code (for short 'IPC').
02. Heard Sri C.Sunitha Kumari, learned counsel for
petitioner and Sri Jithender Rao Veeramalla, learned Additional
Public Prosecutor for the State.
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 offence since it is not a
CRL.P.No.3731 of 2018 and batch dated 27.08.2018
1992 Supp (1) SCC 335
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. Insofar as the Section 273 of IPC is concerned, it
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 Crime/FIR No.22 of
2020 registered under Sections 270, 273 read with 34 of IPC
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 Crime/FIR No.22 of 2020 on the file of the Station
House Officer, Maripeda Police Station, Mahabubabad District,
are hereby quashed. The petitioner-accused No.3 is at liberty to
file appropriate application before the learned Court below or
before the Investigating Officer, as the case may be, for return of
seized property. On such application being made, the seized
2020 (1) ALT (CRL.) 215 (APHC)
property shall be returned to the petitioner on proper identification
and verification under due acknowledgment.
As a sequel, pending miscellaneous applications, if any,
shall stand closed.
_______________________
JUVVADI SRIDEVI, J
Date: 20-FEB-2025
KHRM
