Noor Mohammad v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No: 11289 OF 2022 ALONG WITH l.A.No.2 ot 2022 Between:
1. Noor Mohammad, S/o Nazeer Mohamird, Aged about 45 Years, OccBusiness, R/o Lingapur Village, Gudihatnoor Mandal, Adilabad District.
2. Samil Ullah Khan @ Aslam, S/o Azmathulla Khan, Aged about 40 Years, OccBusiness, R/o Panjesha Mohalla, Adilabad Locality, Adilabad District.
...Petitioner/Accused No.1 & 2
AND The State of Telangana, through S.H.O. Echoda Police Station, Adilabad District, rep. by Public Prosecutor, High Court, Hyderabad
...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 quash the proceeding against the petitioners/accused No. 1 and 2 in Crime. No. 212 of 2022 On the file of P.S. Echoda Police Station, Adilabad District, and consequently direct the police to return the sized material in Crime.No. 212 of 2022 l.A. NO: 2OF 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 police to return the seized material in Crime. No. 212 of 2022 On the file of P.S. Echoda Police Station, Adilabad District, to the petitioners, pending disposal of the above 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 on behalf of the Respondent The Court made the following: COMMON ORDER
Crl-Petltion No.11289 of 2022 THE HONOURABLE SR.I JUSTICE K.SURENDER CRIMINAL PETITION No.11289 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-accused Nos.1 and 2 to quash the proceedings in Cr.No.212 of 2022 on the file of Echoda Pollce Station, Adilabad District.
The petitioners herein are accused in the said case. The offences alleged against them are under Sections 273, 270, 420 of Indian Penal Code (for short "lPC) and Section 20(2) read with 7(1) 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) Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent. Perused the record. Perusal of the record would reveal that the /s involved in this case had already been dealt with by this Court extensively
Crl.Petilion No.11289 of 2022 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.
Therefore, this Criminal Petition is allowed quashing the 5.
proceedings against the petitioners in Cr.No.212 of 2022 on the file of Echoda Police Station, Adilabad District, in terms of the common order, dated 05.07.2027 passed by this Court in Mohd. Jameel Ahmed (Supra).
As the proceedings in the aforesaid are quashed against the petitioner, the Station House Officer/Investigating Officer is hereby directed to return the seized propefi/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 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 taking permission from the concerned Magistrate.
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crl.Petifion No.112a9 ot 2022 '
The copy of the common order passed by this Court in Crl.Petition No.152 of 2020 and batch on 05.07.2021 shall form part of this order.
As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed. Sd/.K.VENKAIAH ASSISTANT RE STRAR i //TRUE COPY// SECTION OFFICER To,
1. The Station House Officer, Echoda Police Station' Adilabad District' 2 fio CCs to tn" Public Prosecutor, High Court for the State of Telangana at Hyderabad.(OUT) a. oit" cC to bnl anlnuAND CHAKRAVARTHI, Advocate [oPUC]
4. Two CD CoPies CDL\sr
HIGH COURT DATED:1611212022 ('
-) ( {HE $I4 \ 2 J rrr :,it ( 1, COMMON ORDER o l.) CRLP.No.11289 ot 2022 ALONG WITH l.A.No.2 of 2022 THIS CRIIVIINAL PETITION IS ALLOWED.
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