Quashed

Pendyala Chakradhar v. the State of Andhra Pradesh

Andhra Pradesh HC13 Dec 2022CRLP/8409/2022

Case brief

AI extract

What is this about?

The Court quashed the criminal case against the petitioner for storing tobacco. Relying on prior single judge authorities, it held that tobacco storage does not constitute an offence under the Food Safety and Standards Act and police lack jurisdiction. Seized items were directed to be returned.

What did the court decide?

Crime No.129 of 2020 is quashed; petitioner is released; seized tobacco and products returned to them.

Pendyala Chakradhar Vs the State of Andhra… — Criminal Trial and Appeal | Andhra Pradesh HC (2022)

¶1

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO Crl.P.No.8409 of 2022

¶2

ORDER:

¶3

The petitioner is accused in Crime No.129 of 2020 of Repalli Town Police Station, Bapatla District, for the offence punishable under Sections 42 & 273 read with Section 34 IPC and Sections 56, 57 and 63 of Food Safety and Standards Act, 2006 on the ground that the petitioner was caught storing tobacco and tobacco products.

¶4

The cases are being booked against the persons, who are found to be either storing or transporting tobacco or tobacco products in the State of Andhra Pradesh. Persons, who are facing such cases, have been approaching this Court for relief.

¶5

In Crl.P.No.5421 of 2019 and batch dated 18.12.2019, a learned Single Judge of this Court had held that tobacco does not fall within the definition of “food” and as such, registration of Crime under the Food Safety and Standards Act, 2006 is not permissible.

¶6

In W.P.No.3731 of 2018 and batch dated 27.08.2018, a learned Single Judge of this Court had held that the police would not have jurisdiction to initiate or investigate into any offences punishable under the provisions of the Food Safety and Standards Act, 2006. The learned Single Judge had also held that transport or storage of tobacco and tobacco

¶7

RRR,J 2 Crl.P.No.8409 of 2022

¶8

products would not constitute an offence punishable under Sections 270 to 273 IPC.

¶9

In view of the aforesaid findings, which are being consistently followed by this Court, this Criminal Petition is allowed quashing Crime No.129 of 2020 of Repalli Town Police Station, Bapatla District, against the petitioner, with a direction to return the seized tobacco and tobacco products.

¶10

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

¶11

__________________________ R. RAGHUNANDAN RAO, J.

¶12

13^th December, 2022. Js.

¶13

RRR,J 3 Crl.P.No.8409 of 2022

¶14

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

¶15

Crl.P.No.8409 of 2022