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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J
Kanakatala Nageswara Rao S/o Satyanarayana Murthy – Appellant
Versus
The State Of Andhra Pradesh – Respondent
Criminal Petition No.219 of 2023
Decided on : 06-01-2023
Tobacco - Criminal Jurisdiction - The court quashed the criminal case against the petitioners and directed the return of seized tobacco and tobacco products based on previous findings that tobacco does not fall within the definitions of 'food' under the Food Safety and Standards Act, 2006, and that the transport or storage of tobacco and tobacco products does not constitute an offence punishable under certain sections of the Indian Penal Code.
Fact of the Case:
The petitioners were charged under Sections 269, 270, 273 of Indian Penal Code and Sections 22 of Cigarettes and Other Tobacco Products Act, 2003 for storing tobacco and tobacco products.
Finding of the Court:
The court allowed the Criminal Petition, quashing the criminal case and directing the return of seized tobacco and tobacco products based on previous findings by a learned Single Judge that tobacco does not fall within the definitions of 'food' and that the transport or storage of tobacco and tobacco products does not constitute an offence punishable under certain sections of the Indian Penal Code.
Issues: Jurisdiction over offences related to tobacco and tobacco products under different legal provisions.
Ratio Decidendi: Tobacco does not fall within the definitions of 'food' under the Food Safety and Standards Act, 2006, and the transport or storage of tobacco and tobacco products does not constitute an offence punishable under certain sections of the Indian Penal Code.
Final Decision: The Criminal Petition is allowed, quashing the criminal case and directing the return of seized tobacco and tobacco products. Miscellaneous petitions, if any, shall stand closed.
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 products would not constitute an offence punishable under Sections 270 to 273 of Indian Penal Code.
5. In view of the aforesaid findings which are being consistently followed by this Court, this Criminal Petition is allowed quashing the C.C.No.1341 of 2021 on the file II Additional Judicial First Class Magistrate, Tanuku, West Godavari District, against the petitioners with a direction to return the seized tobacco and tobacco products. Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
AI
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