In this criminal petition, the High Court allowed the application to quash proceedings for offences under the Indian Penal Code and Food Safety and Standards Act regarding seized tobacco products, relying on a prior common order.
Petition allowed; proceedings under IPC and FSS Act sections quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HON’BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.5310 OF 2019
ORDER :
The petitioners/A1 to A3 seek to quash the proceedings against them in Crime No.135 of 2019 of Ulavapadu Police Station, Prakasam District, registered for the offences under Sections 273, 188, 328 r/w 34 of IPC and Sections 58, 59 and 63 of Food Safety and Standards Act (for short, ‘FSS Act’).
2
learned Judge of this Court allowed the criminal petitions and quashed the offences punishable under Indian Penal Code and FSS Act.
As a sequel, miscellaneous petitions pending, if any, in this case
shall stand closed.
__________________________ U. DURGA PRASAD RAO, J 06.09.2019 SS
2 issues framed by the court
Whether the definition of tobacco products under Section 3(j) of FSS Act empowers the police to register FIR under IPC sections 273, 188, 328.
Whether proceedings registered for offences involving tobacco under FSS Act and IPC can be quashed based on the definition of tobacco in FSS Act.
Colour shows how this judgement treated each authority
Crl.P.Nos.3731 of 2018 and batch, dated 27.08.2018Relied on¶5
3 provisions across 2 enactments
Petitioners/A1 to A3
U. DURGA PRASAD RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
