Allowed

Chilakala Srinivasa Rao v. the State of Andhra Pradesh

Andhra Pradesh HC2 Jan 2023CRLP/10581/2022

Case brief

AI extract

What is this about?

Single Judge quashed FIR against petitioners for alleged storage of tobacco under IPC Sections 269, 272, 273 and COTA. Ruled that tobacco is not 'food' and police lack jurisdiction under Food Safety Act, relying on earlier precedents.

What did the court decide?

Quashing of FIR.No.59 of 2022 against petitioners and direction to return seized tobacco and tobacco products.

Chilakala Srinivasa Rao Vs the State of Andhra Pradesh — Cheque Dishonour | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.10581 of 2022

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ORDER:

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A crime in FIR.No.59 of 2022 on the file

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Narasaraopet II Town Police Station, Guntur District, against the petitioners under Sections 269, 272, 273 of Indian Penal Code and Sections 20 read with Section 5(1) of Cigarettes and Other Tobacco Products Act, 2003 on the ground that the petitioners 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 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

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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 FIR.No.59 of 2022 on the file Narasaraopet II Town Police Station, Guntur District, 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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02.01.2023 RKS/KPV

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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CRIMINAL PETITION No.10581 of 2022

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