Single Judge order quashing FIR regarding tobacco storage under sections 272, 273 IPC and COTPA, relying on precedents stating tobacco is not food. Directed return of seized products.
FIR No.317 of 2022 quashed; seized tobacco and tobacco products to be returned to the petitioner.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.8566 of 2022
ORDER:
A crime in F.I.R. No.317 of 2022 dated
26.07.2022 at Vedayapalem Police Station, Nellore, SPSR Nellore District against the petitioner under Sections 272, 273 of Indian Penal Code and Sections 22, 23 r/w 5(1) of Cigarettes and Other Tobacco Products Act (COTPA), 2003 on the ground that the petitioner was caught storing tobacco and tobacco products.
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.
18.12.2019, a learned Single Judge of this Court 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.
2
Miscellaneous petitions, pending if any, in this
Criminal Petition shall stand closed.
____________________________ R. RAGHUNANDAN RAO, J
01.11.2022 MJA
3
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8566 of 2022
01.11.2022
MJA
2 issues framed by the court
Whether Cum. Pts. No. 398 of 1860/2024
Whether the petitioner should be granted relief by quashing FIR No.317 of 2022.
Colour shows how this judgement treated each authority
3 provisions across 3 enactments
Petitioner
State of Andhra Pradesh (represented by Vedayapalem Police Station)
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
