Back
2019 Supreme(AP) 325
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
D.V.S.S. SOMAYAJULU, J.
Jaganath Enterprises - Appellant
Versus
State of A.P. - Respondent
Criminal Petition No. 5421 of 2019
Decided On : 18-12-2019
For the Appellant : R. Siva Sai Swaroop, N. Chandra Sekhar Reddy, S.M. Subhan, K. Muni Reddy Bala Prasad, Raja Reddy Koneti, Habibulla Shaik, D. Kasi Rao, Rolla Madhavi, Devadass Balantha, P. Sai Surya Teja, Venkateswarlu Gadipudi, Kambhampati Raemsh Babu and Y. Nagi Reddy.
For the Respondents: Public Prosecutor.
Headnote:
Code of Criminal Procedure, 1973 - Section 482 - Indian Penal Code, 1860 - Section 120(B), 353, 273, 188 and 420 - FSS ACT - Sections 59, 63 - NDPS Act - Section 20(b) - Cigarettes and other Tobacco Products Act, 2013 - Section 24(1)/22/5(1) - Standards Act, 2006 - Petitioner argued that despite the authoritative pronouncement - Public Prosecutor for the State himself appeared and argued the matter on behalf of the respondent-State - Petitioner argued that despite the authoritative pronouncement - Batch of criminal petitions are filed questioning the actions of the police authorities in registering cases under the provisions and the Food Safety and for transportation and sale of Tobacco, Gutka, Pan Masala etc - Held, In view of the fact that a large number of cases were filed, they were all taken up as a batch and the arguments in Criminal Petition were heard - Court is constrained to reiterate all these issues once again, despite the order passed by the learned single Judge and batch - Conclusions of the single Judge in the said batch are fully agreed to by this Court also - None of the sections of the IPC or the FSS Act, which are pressed into service are applicable to the facts and circumstances of the case - Since the notifications issued by the State Government are said to be the subject matter of different challenge in the original writ jurisdiction, this Court is not pronouncing on the same - Offences under the NDPS Act can be pursued - Offences under the COTPA Act, can only be launched if the police find that are not complied with - Except on these very limited grounds genuine/legitimate traders cannot be prosecuted - It is hoped that copies of the orders passed by the learned single Judge and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State throughout the state so that the time and effort of the police are devoted to more serious crimes - Whatever be the impact of tobacco products on the health of an individual or the nation; till the law is amended/modified it has to be followed - As held by many Courts earlier; it may be hard, but it is the law - Petition allowed.
ORDER :
D.V.S.S. Somayajulu, J.
1. These criminal petitions are filed under Section 482 of Criminal Procedure Code (for short 'Cr.P.C.') to quash the proceedings against the petitioners, who are accused in different cases. The details of offences are mentioned in the table given below.
| Sl. No. | Case Number | Section of Offences registered |
| 1. | Crl.P. No. 5421 of 2019 | 120(B), 353, 273, 188 and 420 IPC. Sections 59, 63 of FSS ACT and Section 20(b) of NDPS Act |
| 2. | Crl.P. No. 5537 of 2019 | 272, 273, 328 r/w 34 IPC, Sections 57, 58 r/w 26, 30 of FSS Act. |
| 3. | Crl.P. No. 5540 of 2019 | 272, 273, 328 r/w 34 IPC, Sections 57, 58 r/w 26, 30 of FSS Act. |
| 4. | Crl.P. No. 5568 of 2019 | 270, 273 IPC, 24(1) of COTP Act |
| 5. | Crl.P. No. 5620 of 2019 | 270, 273 IPC, 5(1) and 22 of Cigarettes and other Tobacco Products Act, 2013 |
| 6. | Crl.P. No. 5622 of 2019 | 270, 273 IPC, 5(1) and 22 of Cigarettes and other Tobacco Products Act, 2013 |
| 7. | Crl.P. No. 5624 of 2019 | 270, 273 r/w 34 IPC, 5(1) and 22 of Cigarettes and other Tobacco Products Act, 2013 |
| 8. | Crl.P. No. 5638 of 2019 | 270, 273 r/w 34 IPC, 5(1) and 22 of Cigarettes and other Tobacco Products Act, 2013 |
| 9. | Crl.P. No. 5822 | 272, 273, 328 r/w 34 IPC of 2019 |
| 10. | Crl.P. No. 6046 of 2019 | 272, 273, 353 r/w 34 IPC and Section 49(iv) of FSS Act, 2006 |
| 11. | Crl.P. No. 6048 of 2019 | 273, 353 of IPC and Sections 26, 30 of FSS Act, 2006. |
| 12. | Crl.P. No. 6057 of 2019 | 420, 270, 272, 188, 328 IPC and Section 56, 57(1) and 63 of FSS Act, 2006 |
| 13. | Crl.P. No. 6058 of 2019 | 420, 272, 273, 188, 328 IPC Sections 57, 58, 59 and 63 of FSS Act, 2006 |
| 14. | Crl.P. No. 6130 of 2019 | 188, 272, 273, 420, 353 r/w 34 IPC and Sections 57(1), 58, 59 and 62 of FSS Act, 2006 |
| 15. | Crl.P. No. 6142 of 2019 | 188, 272, 273, 420 IPC and Sections 58, 59 and 63 of FSS Act, 2006 |
| 16. | Crl.P. No. 6186 of 2019 | 188, 270, 273, 328, 420 IPC and Section 57(1) of FSS Act, 2006 |
| 17. | Crl.P. No. 6187 of 2019 | 188, 272, 273, 328, 420, IPC and Sections 56, 57 and 63 of FSS Act, 2006 |
| 18. | Crl.P. No. 6188 of 2019 | 270, 273, 284 r/w 34 IPC and 58, 68 Rules of 2, 3, 4 of FSS Act, 2006 |
| 19. | Crl.P. No. 6194 of 2019 | 270, 273, 328, 420 IPC and 56, 57 and 63 of FSS Act, 2006 |
| 20. | Crl.P. No. 6400 of 2019 | 188, 272, 273, 328 IPC, Sections 58, 59 of FSS Act, 2006 and Section 24 of COTP A Act, 2003 |
| 21. | Crl.P. No. 6832 of 2019 | 188, 272, 273 IPC and Section 59(i) of FSS Act, 2006 |
| 22. | Crl.P. No. 6834 of 2019 | 188, 273, 353 IPC and 30(2) (i), 58, 59 and 63 of FSS Act, 2006 |
| 23. | Crl.P. No. 6835 of 2019 | 272, 273, 353 r/w 34 IPC |
| 24. | Crl.P. No. 6836 of 2019 | 188, 273, 120(b) and 420 IPC, Sections 57(1), 58, 59 and 63 of FSS Act, 2006 |
| 25. | Crl.P. No. 6839 of 2019 | 188, 273, 120(b) and 420 IPC, Sections 57(1), 58, 59 and 63 of FSS Act, 2006 |
| 26. | Crl.P. No. 6840 of 2019 | 188, 273, 120(b) and 420 r/w 34 IPC |
| 27. | Crl.P. No. 6841 of 2019 | 273 and 420 IPC and Sections 57, 58, 59 (i) and 63 of FSS Act, 2006 |
| 28. | Crl.P. No. 6855 of 2019 | 188, 272, 273, 328 and 420 r/w 34 IPC, and Sections 58, 59 and 63 of FSS Act, 2006 |
| 29. | Crl.P. No.6931 of 2019 | 418, 420, 269, 270, 272 r/w 34 IPC and section 5(1) of COTPA Act. |
| 30. | Crl.P. No. 6932 of 2019 | 269, 270, 273, r/w 34 IPC and section 5(1) and 22 of COTPA Act. |
| 31. | Crl.P. No. 6933 of 2019 | 418, 420, 269, 270, 272, r/w 34 IPC and Section 5(1) of COTPA Act. |
| 32. | Crl.P. No. 6935 of 2019 | 188, 273, 328, 353 IPC and Sections 58, 59 and 63 of the FSS Act. |
| 33. | Crl.P. No. 6941 of 2019 | Sections 270 and 273 IPC |
| 34. | Crl.P. No. 6943 of 2019 | 188, 273, 328 and 353 IPC, Sections 58, 59 and 63 of FSS Act, 2006 |
| 35. | Crl.P. No. 6946 of | |
