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2015 Supreme(Ker) 1502

K.RAMAKRISHNAN
LALU THOMAS – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant :N.G. Sindhu and Jolly James, Advocates, for the Appellant;
For the Respondent:Seena Ramakrishnan, Public Prosecutor, for the Respondent

ORDER :

K. RAMAKRISHNAN, J.

1. This is an application filed by the petitioner to set aside Annexure A2 and A3 orders under Section 482 of the Code of Criminal Procedure(hereinafter referred to as the Code).

2. It is alleged in the petition that petitioner is the accused/appellant in C.C. No. 1139/2013 on the file of the Judicial First Class Magistrate Court-1 Kanjirapappally alleging offences under Section 6(b) read with Section 24 of the Cigarettes and other Tobacco Products (Prohibition, Supply and Distribution) Act, 2003 (hereinafter called as COPTA Act) and Section 118(i) of Kerala Police Act.

3. The case of the prosecution was that on 25.6.2013 at about 6.30 pm, the petitioner was found to be illegal in possession of prohibited tobacco articles for sale in a shop situated at Mundakkayam.

4. After investigation, final report was filed before the Judicial First Class Magistrate's Court-I, Kanjirappally where it was taken on file as CC No. 1139/2013. Petitioner appeared and filed Crl. M.P. 4465/2014 for discharge and the learned Magistrate by Annexure A1 order dismissed the application against which the petitioner filed Crl. R.P. 36/2014 before the Sessions Court, Kottayam which was m











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