The central legal point established in the judgment is that possession of tobacco products does not constitute a crime under the relevant enactments, and the registration of an F.I.R. must disclose the commission of an offense.

ORDER :

1. The present Criminal Petition is filed seeking to quash F.I.R. No. 212 of 2022 dated 21.08.2022 on the file of Ramabhadrapuram Police Station, Vizianagaram District.

2. The said F.I.R. was registered with reference to Sections 41 and 102 of Code of Criminal Procedure (for short “Cr.P.C.”) against the petitioner on the basis of the complaint given by the 2nd respondent i.e. Sub-Inspector of Police of the said Police Station. As per the case of prosecution, on the basis of reliable information, on 21.08.2022 the police reached the Commercial Complex, near Water Plant Godown of Ramabhadrapuram and found the petitioner in possession of the stock (1) 6 plastic bags of Miraj Super Swadeshi Tobacco - each bag containing 70 boxes and each box with 15 pouches and total 6300 pouches, total worth Rs.94,500/- and (2) 5 plastic bags mind free readymade khaini uttam tobacco and each bag containing 50 packets having 20 pouches each - total 5000 pouches and total worth of Rs.25,000/- and (3) 13 plastic bags of RK deluxe mix swad containing 128 kits, each kit having 33 packets and each packet having 70 pouches and 13 bags, total worth Rs.3,90,000/- and (4) 5 plastic bags of RR Tobacco, each bag containing 42 packets, each packet containing 20 pouches - total worth Rs.25,200/- and (5) 2 boxes of Raja khaini, each box containing 50 packets and each packet having 20 pouches and total worth Rs.20,000/- and (6) 6 plastic bags of dilkush bangu and each bag containing 50 packets and each packet 20 pouches - total worth of Rs.8,000/- and also grand total 35 plastic bags and 2 boxes worth of Rs.5,72,700/- which are not having proper documents i.e. receipts, invoice and GST from them which are unclaimed. The said stock was seized and the police registered a case in Cr. No. 212 of 2022. Aggrieved by the said registration of F.I.R. the present Criminal Petition came to be filed.

3. The learned counsel for the petitioner, while drawing the attention of this Court to the above said provisions of Law i.e. Sections 41 and 102 Cr.P.C. inter-alia, contends that a reading of the Occurrence Report would not disclose commission of any offence, that Section 41 of Cr.P.C. contemplates the situations, wherein a police official may arrest a person without an order from a Magistrate and without a warrant and further Section 102 Cr.P.C. contemplates seizure of certain property by a police official as laid down therein. He submits that the above provisions of Law only provides for the powers and the procedure and registration of F.I.R. under the said Sections without reference to commission of any offence is wholly un-sustainable in Law. The learned counsel also submits that though this Court had quashed thousands of F.I.Rs, as also Charge Sheets, with regard to tobacco products, the police are still registering the crimes, which is highly deplorable. The learned counsel further submits that in similar circumstances, F.I.Rs registered with reference to Sections 41 and 102 of Cr.P.C. were quashed in Crl. Pet. No. 583 of 2022 dated 11.04.2022 etc. The learned counsel also places reliance on the decision of a Learned Single Judge dated 03.09.2021 in Crl. Pet. No. 4964 of 2021. Making the submissions that the tobacco products are perishable in nature, the learned counsel would urge that the Criminal Petition may be allowed, with a direction to the respondents to release the seized stock.

4. The learned Assistant Public Prosecutor on the other hand while opposing the said submissions, inter-alia contends that the police are empowered to register the F.I.R. under Section 102 Cr.P.C. as the petitioner failed to produce any documents in proof of ownership of the seized stock and registration of F.I.R. is legally sustainable. He also places reliance on the decision of the Learned Judge of High Court of Madras in Ramesh vs. State and Another in Crl. O.P. No. 5190 of 2021 and Crl. M.P. No. 3332 of 2021 dated 17.03.2021. He submits that the Criminal Petition is without any me