Petitioner is the accused in C.C.No.7 of 2020 pending on the files of the Judicial First Class Magistrate Court, Karunagappally. The case originated from Crime No.182 of 2019 of Karunagappally Police Station, registered for offences under Sections 118 of the Kerala Police Act, 2011. On completion of investigation, final report was filed incorporating the offences under Sections 6 read with 24 of 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 4 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
