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R. RAGHUNANDAN RAO
Kanakatala Nageswara Rao S/o Satyanarayana Murthy – Appellant
Versus
State Of Andhra Pradesh – Respondent
ORDER :
A crime in C.C.No.1341 of 2021 on the file II Additional Judicial First Class Magistrate, Tanuku, West Godavari District, against the petitioners under Sections 269, 270, 273 of Indian Penal Code and Sections 22 of Cigarettes and Other Tobacco Products Act, 2003 on the ground that the petitioners was caught storing tobacco and tobacco products.
2. The cases are being booked against persons, who are found to be either storing or transporting tobacco or tobacco products in the State of Andhra Pradesh. Persons, who are facing such cases, have been approaching this Court for relief.
3. In Crl.P.No.5421 of 2019 and batch dated 18.12.2019, a learned Single Judge of this Court had held that tobacco does not fall within the definitions of “food” and as such, registration of Crime under the Food Safety and Standards Act, 2006 is not permissible.
4. In W.P.No.3731 of 2018 and batch dated 27.08.2018, a learned Single Judge of this Court had held the police would not have jurisdiction to initiate or investigate any offences punishable under the provision of the Food Safety and Standards Act, 2006. A learned Single Judge had also held that transport or storage of tobacco and tobacco product
The main legal point established in the judgment is that the storage and transportation of tobacco and tobacco products may not constitute offenses under certain legal provisions, and the jurisdictio....
The prosecution for manufacturing a product is not maintainable without establishing a nexus between the manufacture and sale, especially when the product is permitted for manufacture and sale in nei....
Point of Law : Food Adulteration - Negligent act likely to spread infection of disease dangerous to life –Criminal Proceedings Quashed - Act done by petitioners i.e., transportation of khaini and che....
The Commissioner of Food Safety does not have the authority to prohibit the manufacture, storage, distribution, transportation, and sale of Gutka/Pan Masala containing Tobacco and Nicotine as ingredi....
Tobacco product quashing petition dismissed as it falls under FSSA, 2006, not COTPA; merits absent at pre-investigation stage.
Filter tobacco banned under Food Safety Act; age defence under COTPA inapplicable at quashing stage.
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