Tharange Nagesh vs. The State Of Telangana And Another
Facts
The petitioners, who are individuals involved in business, filed multiple criminal petitions before the High Court. These petitions sought to quash proceedings initiated against them under various FIRs and criminal cases. The core of these proceedings appears to stem from actions related to the seizure of property and vehicles. The petitioners also sought directions for the release of the seized property. The State of Telangana, represented by its Public Prosecutor and Sub-Inspectors of Police, were the respondents. The matters were heard together by the High Court.
Held
The High Court allowed all the criminal petitions. The Court held that even though the use of tobacco products is universally recognized as injurious to health, persons dealing with these products cannot be booked under the law if there are no specific regulations in force concerning the ban or restricted use, production, trade, and supply of such products. Consequently, the proceedings initiated against the petitioners in the respective cases were quashed. The Court further directed the concerned police authorities to return the seized property and vehicles to the lawful claimants, following due procedure. Any pending miscellaneous applications were also ordered to be closed.
Key Issues
1. Whether the proceedings initiated against the petitioners, including the quashing of FIRs and criminal cases, are legally sustainable, particularly concerning the seizure of property and vehicles, in light of the arguments presented by the petitioners and the State. The petitioners argued that despite the recognized health risks associated with tobacco products, individuals dealing with them cannot be booked under the law unless specific regulations regarding their production, trade, and supply are in force. They contended that the current legal framework does not prohibit the dealing of such products. The State's arguments are not explicitly detailed in the provided text, but their role as respondents in criminal proceedings implies a defense of the actions taken by the police and the continuation of the cases.
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I PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITIoN NOS: 9062 AND 9554 OF 2021 AND 607, 2633. 2634, 2636, 2639, 2816, 2892,2900,4980, 4987, 5035, 5052, 5071, 5075, 5078, 5090, 5804, 5805, 5806, sBr1, 5836, 5859, 5867, s894, 5910, 5953, 5983, 5985, 6034, 6056, 6058 AND 6105 0F 2022 CRIMINAL PETITION.NO 9062 OF 2021 Betwe€)n: '
Kuru Vijay Kumar, S/o Ramalinqam, Aged about 23 years, Occ. Business, R/o Venkataraopalli Ellanthakunta Mandal, Rajanna Sircilla District.
Kasannagattu Sathyaoarayana, S/o Bhumaiah, Aged about 72 years, Occ. Business. fvo Prashan Gangh,Karimnagar District. ...PETITIONER/ACCUSED 1 AND 2 AND 1 . The State of Telangana, Rep by its Public Proseoltor, High Court for the State of Telangana Hyderabad
The Sub-lnspector of Police, Ellanthakunta Police Station, Rajanna Sircilla District ...RESPONDENT/COMPLAINANTS Petition under Section 482 of Cr.P.C praying that in lhe circumstanc€s stated in the Memoraodum of Grounds of Criminat Petition, the Hlgh Court may be pleased to quash thc proccedings in FIR No. 330 of 2021 pending on the'file of Ellanthankunta Police Station, Rajanna Sircilla District against the Petitioners Petition under Sectio
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