Mohammad Samilulla Khan Aslam vs The State Of Telangana, Through S.H.O. ...
2025 Latest Caselaw 6456 Tel

Telangana High Court

Mohammad Samilulla Khan Aslam vs The State Of Telangana, Through S.H.O. ... on 12 November, 2025

            HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
                  CRIMINAL PETITION No.14739 of 2025
ORDER:

This Criminal Petition is filed under Section 528 Bharatiya Nagarik

Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner-accused

seeking to quash the proceedings against them in CC No.585 of 2021 on

the file of Principal Judicial Magistrate of First Class, Nirmal, registered for

the alleged 270, 273 IPC and Section 20 (2) of the Cigarettes and other

Tobacco Products Act, 2003 (for short 'COPTA Act').

2. Heard Sri B. Ganesh, learned counsel for the petitioner and Sri

Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing

for the respondent.

3. Learned counsel for the petitioner submitted that the matter is

squarely covered by the orders of this Hon'ble Court in Crl.P.Nos.12333 of

2024, 152 of 2020 and batch and in several other judgments. Hence, he

prayed that the proceedings against the petitioners be quashed.

4. Learned Additional Public Prosecutor also submitted that the

issue raised in the present criminal petition is covered by the earlier order

passed in the aforementioned criminal petitions.

5. Perused the record. It is evident that the allegations in the present

case pertain to purchase and sale of Gutka packets, which are similar to

ETD, J

the allegations considered in Chidurala Shyamsunder vs The State Of

Telangana 1. In the said case it was observed that the act of purchase and

sale of gutka does not fall under Section 270 of IPC as it does not spread

any infectious disease and further it is not a noxious food to attract the

offence under Section 273 of IPC. It is further observed that similar orders

have been passed in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch, and

in several other matters.

6. Since the allegations in the present case are similar to the above

said decisions, this criminal petition is allowed in terms of the above said

order. The proceedings against the petitioner-accused in CC No.585 of

2021 on the file of Principal Judicial Magistrate of First Class, Nirmal, are

hereby quashed. Further, the Magistrate concerned shall take appropriate

steps for release of the seized property on proper identification and

verification under due acknowledgment.

Miscellaneous Petitions pending, if any, shall stand closed.

_____________________________ JUSTICE TIRUMALA DEVI EADA November 12, 2025 KTL

Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018