Allowed

R.Suresh Babu v. the State of Andhra Pradesh

Andhra Pradesh HC1 Nov 2022CRLP/8541/2022

Case brief

AI extract

What is this about?

The court allowed the criminal petition and quashed Cr.No. 77 of 2020 against the petitioner for storing tobacco. Relying on prior Single Judge decisions, it held that tobacco is not 'food' and police lack jurisdiction to police it under the Food Safety Act.

What did the court decide?

Quashing of Cr.No.77 of 2020 and direction to return seized tobacco and tobacco products.

R.Suresh Babu Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.8541 of 2022

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ORDER:

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A crime in Cr.No.77 of 2020 on the file of Thavanmpalle Station, Chittoor District against the petitioners under Sections 188, 270, 273, 420 r/w 34 of Indian Penal Code and Sections 24 (1) r/w 27 of Cigarettes and Other Tobacco Products Act, 2003 on the ground that the petitioner was caught storing tobacco and tobacco products.

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The cases are being booked against 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.

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

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In W.P.No.3731 of 2018 and batch dated

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27.08.2018, a learned Single Judge of this Court had held the police would not have jurisdiction to initiate or investigate any offences punishable under the provision of the Food Safety and Standards Act, 2006. A learned Single Judge had also held that transport or storage of tobacco and tobacco products would not constitute an offence punishable under Sections 270 to 273 of Indian Penal Code.

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In view of the aforesaid findings which are being consistently followed by this Court, this Criminal Petition is allowed quashing the Cr.No.77 of 2020 on the file of Thavanmpalle Station, Chittoor District against the petitioner with a direction to return the seized tobacco and tobacco products.

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Miscellaneous petitions, pending if any, in this

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Criminal Petition shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

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01.11.2022 RKS

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.8541 of 2022

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01.11.2022

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RKS

R.Suresh Babu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

R.Suresh Babu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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