Abubakar Bin Iliyas Zumbali vs. The State Of Telangana

Facts

The petitioners, Abubakar Bin Ilyas Zur and others, filed a criminal petition under Section 482 of the Code of Criminal Procedure, 1973, seeking to quash proceedings against them in CC No. 10258 of 2021, pending before the Chief Metropolitan Magistrate, Hyderabad District. The alleged offences were under Sections 188, 272, 273, and 336 of the Indian Penal Code. The petitioners argued that their case was squarely covered by a previous common order of the High Court in Criminal Petition No. 9062 of 2021 and batch, dated July 14, 2022. This previous order had quashed proceedings against numerous individuals where tobacco products were found, on the grounds that the IPC provisions invoked were not attracted. The State of Telangana was the respondent.

Held

The High Court allowed the criminal petition, quashing the proceedings in CC No. 10258 of 2021 pending before the Chief Metropolitan Magistrate, Hyderabad District. The Court's decision was based on its consistent view, as established in previous orders, including Criminal Petition No. 9062 of 2021 and batch dated July 14, 2022, that Sections 188, 272, 273, and 336 of the Indian Penal Code are not attracted to cases involving the possession or sale of tobacco products. The Court reiterated that unless a comprehensive legislation specifically banning or restricting the use and trade of tobacco products is in force, individuals dealing with such products cannot be booked under the current legal framework, despite the universally recognized health risks. The seized property, including vehicles, was ordered to be returned to the lawful claimants after due procedure, with a specific direction that expired tobacco products should be destroyed upon obtaining permission from the Magistrate. The Court referenced its power under Section 482 of the Cr.P.C. to prevent abuse of process and secure the ends of justice.

Key Issues

1. Whether the proceedings in CC No. 10258 of 2021, initiated under Sections 188, 272, 273, and 336 of the Indian Penal Code, should be quashed based on the allegations of possessing and dealing with tobacco products? Petitioner's Argument: The petitioners contended that their case is identical to numerous other cases where this Court has quashed proceedings involving tobacco products. They relied on the High Court's common order in Criminal Petition No. 9062 of 2021 and batch, dated July 14, 2022, which held that the aforementioned IPC sections were not attracted to such facts. Revenue's Argument: The judgment records that the learned Additional Public Prosecutor appeared for the respondent (State), but no specific arguments made by the revenue were detailed in the judgment. The court perused the record and heard the arguments of the petitioners.