Nalluri Ravinder Babu at Ravinder Vs State of Ap

HON’BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.3745 OF 2019

ORDER :

The petitioners/A1 and A2 seek to quash the proceedings against them in C.C.No.193 of 2018 on the file Additional Junior Civil Judge, Chilakaluripet, Guntur District, which was taken cognizance under Sections 353, 273 and 420 r/w 34 IPC and Sections 59 and 63 of Food Safety Standard Act, 2006 (for short, ‘FSS Act’).

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The allegations against the petitioners briefly are that on 12.06.2018, when the complainant along with his staff proceeded to Panchayat Officer, Annambotlavaripalem Village, Parchur Mandal, on suspicion, caught the accused and found the banned tobacco products in their possession and hence, seized the same and registered a case in Crime No.57 of 2018 of Parchur Police Station, for the offences stated supra.

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Learned counsel for petitioners while denying the FIR allegations would submit that even if the prosecution case is accepted to be true, tobacco products would not fall within the definition of Section 3(j) of FSS Act and therefore, the Police are not authorized to register the crime, investigate and file charge sheet and therefore, registration of the FIR is contrary to the provisions of FSS Act. He relied upon the order of this Court in Crl.P.Nos.3731 of 2018 and batch, dated 27.08.2018. As can be seen, in the said common order a learned Judge of this Court partly allowed the criminal petitions and

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2

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quashed the offences punishable under Indian Penal Code and FSS Act.

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Following the above order and for the reasons recorded therein, this criminal petition is allowed and the proceedings initiated against the petitioners/A1 and A2 under Sections 353, 273 and 420 r/w

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34 IPC and Sections 59 and 63 of FSS Act are hereby quashed.

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As a sequel, miscellaneous petitions pending, if any, in this case

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shall stand closed.

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__________________________ U. DURGA PRASAD RAO, J 12.09.2019 SS

Nalluri Ravinder Babu at Ravinder v. State of Ap

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Nalluri Ravinder Babu at Ravinder v. State of Ap

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