Mohammed Yahiya Yasir vs The State Of Telangana
2025 Latest Caselaw 6742 Tel

Telangana High Court

Mohammed Yahiya Yasir vs The State Of Telangana on 25 November, 2025

     THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
              CRIMINAL PETITION No.15484 of 2025
ORDER:

This Criminal Petition is filed under Section 528 Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the

petitioners/accused Nos.1, 5 to 7 and 9 to 11 seeking to quash

the proceedings against them in C.C.No.1134 of 2023 on the file

of XI Additional Metropolitan Magistrate, Rajendra Nagar, Ranga

Reddy District, registered for the alleged offences punishable

under Sections 188 and 273 of Indian Penal Code, 1860 (for

short 'IPC') and Sections 4 and 20 (2) of The Cigarettes and

Other Tobacco Products (Prohibition of Advertisement and

Regulation of trade and Commerce, Production, Supply and

Distribution) Act, 2003 (for short 'COTPA').

2. Heard Mr.Omar A.Pasha, learned counsel for the

petitioners and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioners 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.

ETD, J Crl.P_15484_2025

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 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

petitioners/accused Nos.1, 5 to 7 and 9 to 11 in C.C.No.1134 of

2023 on the file of XI Additional Metropolitan Magistrate,

Rajendra Nagar, Ranga Reddy District, are hereby quashed.

Further, the Station House Officer/Investigating Officer is hereby

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

ETD, J Crl.P_15484_2025

directed to return the seized property on proper identification and

verification under due acknowledgment.

As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

_____________________________ JUSTICE TIRUMALA DEVI EADA 25.11.2025 lk