Allowed

Shaik Babu v. the State of Andhra Pradesh

Andhra Pradesh HC8 Nov 2022CRLP/8797/2022

Case brief

AI extract

What is this about?

This order allows a Criminal Petition seeking quashing of criminal proceedings (C.C.No.91 of 2019) against accused persons for storing tobacco products, relying on consistent prior findings by the Single Judges of this Court that tobacco is not 'food' and police lack jurisdiction under the Food Safety and Standards Act.

What did the court decide?

C.C.No.91 of 2019 against the petitioners is quashed; no order as to costs.

Shaik Babu Vs the State of Andhra Pradesh — Narcotics (NDPS) | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.8797 of 2022

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ORDER:

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The petitioners are accused in C.C.No.91 of 2019 on the file of Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District, for offences under Sections 353 & 273 of Indian Penal Code and Section 59 (i) of Food Safety and Standard Act, 2006, 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 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 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

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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 C.C.No.91 of 2019 on the file of Additional Judicial Magistrate of First Class, Kovur, SPSR Nellore District, against the petitioners. There shall be no order as to costs.

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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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08.11.2022 BSM

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.8797 of 2022

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08.11.2022

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BSM

Shaik Babu v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Shaik 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

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