Sami Ulla Khan v. The State Of Telangana

I [ 32s1 ]

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY,THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 208 OF 2023 ALONG WITH l.A.No.2 of 2023 Between:

Sami Ulla Khan, S/o Azmathullah Aged about 40 Years, Occ.Business R/o Panjesha Mandal, Adilabad Locality Adilabad District. ...PETITIONER/ACCUSED No.1 AND The State of Telangana, through S.H.O. Gudihathnoor Police Station, Adilabad District, rep. by Public Prosecutor, High Court, Hyderabad. I ...RESPONDENTS/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to case in C.C.No.493 ot 2O22 on lhe file of Judicial First.Class Magistrate at Boath, Adilabad District, and quash the proceedings in the above C.C.No.493 of 2022 and pass such other order or orders as this Hon'ble Court may deem fit and proper In the circumstances of the case.

l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to direct the court below to return the seized material in C.C.No.493 ot 2022 on the file of Judicial First-Class Magistrate at Boath, Adilabad District, pending disposal of the Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gajanand Chakravarthi, Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent.

The Court made the following: ORDER

Crl.Pi:tition No.208 of 2023'

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No,2O8 OF 2023 AlOffe WITH t.ll'lo.Z o COMMO N ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioner to quash the proceedings in C.C.No.493 of 2022 pending on the file of Judicial First Class Magistrate at Boath, Adilabad District.

The Detitioner herein is accused No.2 in the said crime. The offences alleqed against him are under Sections2T0 and 273 of Indian Penal Code (for short "IPC) and Section 20(2) read with Section 7(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distributlon) Act, 2003 (for short 'COTP Act).

Heard learned counsel for the petitioner and learned J Additional Public Prosecutor for the respondent. Perused the record.

Crl.Petition No.208 of 2023 4.

Perusal of the record would reveal that the /s involved in this case had already been dealt with'by this Court extensively vide common order dated 05.07.2021 in Crl.P. No.152 of 2020 and batch which was reported in Mohd. Jameel Ahmed v. State of Telanganal and also vide common order dated L0.06.2022 in Crl.P.No.5619 of 2020 and batch, Therefore, this Criminal Petition is allowed quashing the proceedings against the petitioner-Accused No.2 in C.C.No.493 of 2022 pending on the file of Judicial First Class Magistrate at Boath, Adilabad District, in terms of the common order, dated 05.07.2021 passed by this Court in Mohd. Jameel Ahmed (Supra) and also common order dated L0.06.2022 in Crl.P.No.5619 of 2020 and batch.

As the proceedings in the aforesaid are quashed against the petitioner, the Station House Officer/Investigating Officer is hereby directed to return the seized property/vehicle on proper identification and verification of ownership under due acknowledgment. In case charge sheet is already filed the petitioner is at liberty to file appropriate application before the concerned ' 2022 crll.t 642

Crl.Petition No:208 of 2023 Magistrate for return of the seized property/vehicle and the Magistrate shall r:onsider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired, the same shall be destroyed by taking permission from the concerned Magistrate.

7. The copy of the common orders passed by this Court in Crl.Petition No.152 of 2020 and batch on 05.07.2021 and also in Crl.Petition No.5619 of 2020 and batch on 10.06.2022, shall form part of this order.

I As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.

I SD/-MOHD. SANAU LLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY/'

,, SECTION OFFICER I I To,

1. The Judicial First Class Magistrate at Boath, Adilabad District.

2. The Station House Officer, Gudihathnoor Police Station, Adilabad District.

3. One CC to Sri Gajanand Chakravarthi, Advocate TOPUCI

4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]

5. Two CD Copies gbr XN).

lt

HIGH COURT DATED: 0910112023 r\e STq rF -( { ?\\ r)ll .^ il :',t/ ,/ l4tEB20n oo * *

ORDER

CRL.P.No.208 of 2023 ALONG WITH l.A.No.2 of 2023 ALLOWING THE CRIMINAL PETITION %K