Back
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
R. RAGHUNANDAN RAO, J.
Chilakala Srinivasa Rao S/o Rama Rao – Appellant
Versus
The State Of Andhra Pradesh – Respondent
Criminal Petition No.10581 of 2022
Decided on : 02-01-2023
JURISDICTION - CRIMINAL LAW - Quashing of FIR based on Jurisdictional Grounds
Fact of the Case:
The petitioners were charged under various sections of the Indian Penal Code and the Cigarettes and Other Tobacco Products Act for storing tobacco and tobacco products.
Finding of the Court:
The court found that previous judgments had established that the registration of a crime under the Food Safety and Standards Act was not permissible for tobacco-related offenses, and that the police did not have jurisdiction to initiate or investigate such offenses. The court also held that the storage of tobacco and tobacco products did not constitute an offense under certain sections of the Indian Penal Code.
Issues: The main issue was whether the charges against the petitioners were valid based on the legal provisions and previous court judgments.
Ratio Decidendi: The court's decision was influenced by the interpretation of the legal provisions under the Food Safety and Standards Act, 2006, and the Indian Penal Code, as well as the precedents set by previous judgments.
Final Decision: The Criminal Petition was allowed, quashing the FIR against the petitioners and directing the return of the seized tobacco and tobacco products.
ORDER :
A crime in FIR.No.59 of 2022 on the file Narasaraopet II Town Police Station, Guntur District, against the petitioners under Sections 269, 272, 273 of Indian Penal Code and Sections 20 read with Section 5(1) 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 FIR.No.59 of 2022 on the file Narasaraopet II Town Police Station, Guntur 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
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....
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.
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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
