The High Court rejected the petitioner's application to quash criminal proceedings. It held that lack of evidence regarding actual sales is not grounds for quashing and that sales near schools attract COTPA liability.
Crl.M.C. No.1691/2020 is dismissed; criminal proceedings are not quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRL.MC.1691/2020 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
WEDNESDAY, THE 11TH DAY OF NOVEMBER 2020 / 20TH KARTHIKA, 1942
Crl.MC.No.1691 OF 2020(B)
AGAINST THE ORDER/JUDGMENT IN CMCP 6/2020 OF JUDICIAL MAGISTRATE OF FIRST CLASS - I, KARUNAGAPPALLY
CRIME NO.1821/2019 OF Karunaagapally Police Station , Kollam
PETITIONER/S:
MUHAMMED SHAMEER AGED 33 YEARS S/O SHAHUL HAMEED, PADIPPURATHARAYIL, AYANIVELIKULANGARA SOUTH, ALUMKADAVU P.O.KARUNAGAPALLY, KOLLAM KERALA-690 573.
BY ADV. SRI.SEBIN THOMAS
RESPONDENT/S:
1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 031.
2 SUB INSPECTOR OF POLICE, KARUNAGAPALLY, KOLLAM CITY, KERALA, INDIA, PIN-690 573.
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 15.9.2020, THE COURT ON 11.11.2020 PASSED THE FOLLOWING:
CRL.MC.1691/2020
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V.G.ARUN, J.
CRL.M.C.No.1691 of 2020
Dated this the 11th day of November, 2020
O R D E R
Petitioner is the accused in C.C.No.6 of 2020 pending on the files of the Judicial First Class Magistrate Court, Karunagappally. The case originated from Crime No.1821 of 2019 of Karunagappally Police Station, registered for offences under Sections 118(i) of the Kerala Police Act, 2011, the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (COTPA) and Section 77 of the Juvenile Justice (Care and Protection of Children), Act, 2015 (for short, 'the J.J Act'). The prosecution allegation is that on receiving reliable information that the petitioner is selling prohibited tobacco products to children and other persons from his bunk shop, the Police party proceeded to the petitioner's shop and reached there by about 3.15 p.m on 24.11.2019. On reaching the petitioner's shop, the Police party found children below 18 years lingering outside the shop and the petitioner engaged in sale of prohibited tobacco products to some of them. The petitioner was arrested from the spot and prohibited tobacco products seized from his shop.
CRL.MC.1691/2020
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CRL.MC.1691/2020
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For the aforementioned reasons, I find no legally sustainable
ground to quash the proceedings.
In the result, the Crl.M.C is dismissed.
Sd/-
V.G.ARUN, JUDGE
vgs
CRL.MC.1691/2020
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE 1 CERTIFIED COPY OF THE FIR DATED 24.11.2019 IN CC NO 6/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT KARUNAGAPPALLY IN CRIME NO 1821/2019 OF KARUNAGAPALLY POLICE STATION ANNEXURE 11 CERTIFIED COPY OF THE CHARGE SHEET FILED IN CC NO 6/2020 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, KARUNAGAPPALLY IN CRIME NO 1821/2019 OF KARUNAGAPALLY POLICE STATION 28.11.2019
2 issues framed by the court
Whether the challenge to the inclusion of Section 77 of the J.J Act is a ground for quashing criminal proceedings.
Whether the sale of tobacco to children more than 100 meters from a school attracts COTPA.
Colour shows how this judgement treated each authority
N/AReferred
4 provisions across 3 enactments
MUHAMMED SHAMEER
STATE OF KERALA
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
