Allowed

Kiran Nalagarla v. the State of Andhra Pradesh

Andhra Pradesh HC2 Nov 2022CRLP/8623/2022

Case brief

AI extract

What is this about?

In Crl.Pet. No.8623 of 2022, undersigned Justice R. Raghunandan Rao allowed the criminal petition seeking quashment of an FIR dated 26.10.2022 regarding tobacco storage. Citing consistent prior judgments holding tobacco is not 'food' and police lacks jurisdiction under the Food Act, the crime was quashed and tobacco returned.

What did the court decide?

Quashing of Crime in F.I.R. No. 151 of 2022 dated 26.10.2022 on the file of Sullurpet Police Station, Tirupati and direction to return seized tobacco and tobacco products.

Kiran Nalagarla Vs the State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.8623 of 2022

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ORDER:

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A Crime in F.I.R.No.151 of 2022 dated 26.10.2022

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on the file of Sullurpet Police Station, Tirupati against the petitioners under Sections 272, 273 of Indian Penal Code and Sections 22, 23 r/w 5(1) of COTP Act on the ground that the petitioners were caught storing tobacco and tobacco products.

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The cases are being booked against persons, who are

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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

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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.

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

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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 Crime in F.I.R.No.151 of 2022 dated 26.10.2022 on the file of Sullurpet Police Station, Tirupati against the petitioners with a direction to return the seized tobacco and tobacco products.

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Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.

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____________________________ R. RAGHUNANDAN RAO, J

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02.11.2022 RJS

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.8623 of 2022

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