Mohammed Abdul Qualiq And Another v. The State Of Telangana And Another
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY THE NINETEENTH OAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9959 OF 2022 Between:
Mohammed Abdul Qualiq and another, S/o Quddus, age 40 years, caste. Muslim, occ. business, Fyo.H.No. 18-1245, Ashoknagar, Miryalguda town. ...PETITIONERyACCUSED No.1 Syyad Khader, S/o Chand, age. 46 yrs, caste. Muslim, Occ. Business, Ryo brahimpattanam Ranga reddy district ...PETITIONER/ACCUSED No.2 AND 1 . The State of Telangana and another, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.
2. The Sub-lnspector of Police, Miryalguada ll town Police Station, Nalgonda District.
... RESPONDENT/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 quash the proceedings of the petitioners in CC NO. 123 of Z02Z On the file of Honourable Judicial First Class Magistrate at Miryalguda, Nalgonda District. l.A. NO: 2 OF 2022 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 respondents to release the stock seized in CC NO, j23 of 2022 On the file of Honourable Judicial First Class Magistrate at Miryalguda, Nalgonda District in favour of the Petitioners.
:
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent.
The Court made the following:
t THE HONOURABLE SRI JUSTICE K.SURENDER r\ CRIMINAL PETITION No.9959 OF 2022 ALONG WITH I.A.No.2 of 2022 COMMON ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioners to quash the proceedings against them in C.C.No.123 of 2022, pending on the file of ludicial First Class Magistrate at Miryalaguda, Nalgonda District.
2.
The petitioners herein are the accused Nos.l and 2 in the said cn me.
The offences alleged against them are under Sections 328 read with 511 of Indian Penal Code (for short "IPC') 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'COTP Act). 3.
Heard learned counsel for the petitioners and learned Addltional Public Prosecutor for the respondent. Perused the record. 4.
Learned counsel for the petitioners submits that this case is squarely covered by the Common Order rendered by this Hon,ble
Court in Criminal Petition No.9062 of 20ZI and batch, dated 14.07.2022.
5.
This Court had repeatedly quashed the proceedings wherein tobacco products were found on the ground that the provisions under Sections 328 read with 511 of IpC and Section 20(2) of COTp Act, are not attracted. This Court vide Criminal petition No.9062 of 2021 and batch, dated 14.07.2022 had quashed the proceedings against the accused persons.
6. In the said circumstances, this Criminal petition is allowed quashing the proceedings in C.C.No.123 of 2022, pending on the file of Judicial First Class Magistrate at Miryalaguda, Nalgonda District.
7. As the proceedings in the aforesaid Criminal petition are quashed against the petitioners, the petitioners are at liberty to file an appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider 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 takqlg permission from the concerned Magistrate.
B. The copy of the common order passed by this Court in Criminal Petition No.9062 of 2021 and batch, dated 14.07.2022, shall form part of this order.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed.
Sd/. G. SIREESHA ASSISTANT REGISTRAR sEcrroN 5l''"t* /ffRUE COPY// To,
1. The Judicial First Class Magistrate at Miryalaguda' Nalgonda District'
2. The Sub-lnspector of Police' Miryalguada ll town Police Station' Nalgonda District.
3, OneCCto SRI BALA MURALI Y' Advocate [OPUCI I Two CCs to the Public p'ot""'to'' High Court for the State of Telangana' at HYderabad (OUT)'
5- Two CD CoPies :
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HIGH COURT OArEDi19l1212022
ORDER
CRLP.No.9959 of 2022 .--\ ?[23 qk# O i ALLOWING'ITIE CRIMINAL PETITION l @)q4t'e b_a_--..- 6t'Y'