Mettapally Rajiv, vs The State Of Telangana
2025 Latest Caselaw 5591 Tel

Telangana High Court

Mettapally Rajiv, vs The State Of Telangana on 19 September, 2025

     THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
             CRIMINAL PETITION No.12211 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 him

in Crime No.680 of 2025 on the file of Saroornagar Police Station,

Rachakonda District, registered for the alleged offences

punishable under Sections 274 and 275 of Bharatiya Nyaya

Sanhita, 2023 (for short 'BNS') and Section 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 Sri Y.Bala Murali, learned counsel for the petitioner

and Smt. Shalini Saxena, learned Assistant 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 petitioner be quashed.

ETD, J Crl.P_12211_2025

4. Learned Assistant 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

petitioner/accused in Crime No.680 of 2025 on the file of

Saroornagar Police Station, Rachakonda District are hereby

quashed. Further, the Station House Officer/Investigating Officer

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

ETD, J Crl.P_12211_2025

is hereby 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 19.09.2025 lk