Court quashes FIR under COTPO Act for storing tobacco, relying on prior holdings that transport/storage does not trigger IPC offences or Food Safety Act jurisdiction.
F.I.R No.223 of 2022 quashed, direction to return seized vehicle and tobacco products.
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8793 of 2022
ORDER:
A Crime in F.I.R No.223 of 2022 dated 01.11.2022
has been registered in Kamalapuram Police Station, YSR Kadapa District, against the petitioner under Section 6 (b) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 on the ground that the petitioner was caught storing tobacco and tobacco products.
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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.
Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
R. RAGHUNANDAN RAO, J
08.11.2022 BSM
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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.8793 of 2022
08.11.2022
BSM
1 issue framed by the court
Whether the FIR under Section 6(b) of the COTPO Act is maintainable when similar ignorance by police is shown.
1 provisions across 1 enactments
Petitioner
R. RAGHUNANDAN RAO
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
