Quashed

Anwar Ismail Patni v. the State of Andhra Pradesh

Andhra Pradesh HC3 Sept 2019CRLP/4872/2019

Case brief

AI extract

What is this about?

In this criminal petition, the petitioner challenged the quashing of proceedings under IPC and the Food Safety and Standards Act, 2006 for alleged illegal transport of prohibited tobacco guthkha sachets. Relying on a previous common order holding tobacco products outside the FSS Act definition, this Court quashed the FIR. Smoke the case was thin. No summary as the text is a short order.

What did the court decide?

Proceedings under IPC Sections 272, 273, 328 and FSS Act Section 59(1) are quashed; pending interlocutory applications stand closed.

Anwar Ismail Patni Vs the State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2019)

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HON’BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.4872 OF 2019

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ORDER :

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The petitioner/A4 seeks to quash the proceedings against him in Crime No.43 of 2019 of Palamaner Urban Police Station, Chittoor District, which was registered against him for the offences under Sections 272, 273, 328 of IPC and Sec.59(1) of Food Safety and Standards Act, 2006 ( for short ‘FSS Act, 2006).

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2. The allegations against the petitioner briefly are that on credible information on 17.04.2019 at 10.30 A.M., on bypass road, at Nagamangalam, Palamaner Town, A1 and A2 were arrested while they were illegally transporting forty gunny bags contained prohibited V-1 tobacco guthkha sachets, from Tumkur of Karnataka to Visakhapatnam for wrongful gain without any permission or any valid license for unloading on the instructions of A3 of Tumkur in the Eicher vehicle of A4. Later the SI of Police registered a case against the accused in Crime No.43 of 2019 for the offences stated supra.

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3. Learned counsel for petitioner 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 &

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

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4. Following the above order and for the reasons recorded therein, this criminal petition is allowed and the proceedings initiated against the petitioner under Sections 272, 273, 328 of IPC and Sec.59(1) of Food Safety and Standards Act, 2006 are hereby quashed.

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As a sequel, Interlocutory Applications pending, if any, in this

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case shall stand closed.

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U. DURGA PRASAD RAO, J

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03.09.2019 MS

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HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

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CRIMINAL PETITION No.4872 OF 2019

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Date. 03.09.2019

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Anwar Ismail Patni v. the State of Andhra Pradesh

Case brief

What is this about?

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Anwar Ismail Patni v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

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