Andhra Pradesh High Court - Amravati
Kalluri Mahendra Babu Mahendra, vs The State Of Andhra Pradesh on 14 October, 2020
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.4482 of 2020
ORDER:-
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in F.I.R.No.494 of 2020 dated 07.10.2020 on the file of Nawabpet Police Station, SPSR Nellore District registered for the offences punishable under Sections 188, 273 and 328 of the Indian Penal Code, 1860 and Sections 58 and 59 of Food Safety and Standards Act, 2006 (for short 'FSS Act').
2. The petitioner before this Court is accused No.4 in the above said crime.
3. The brief facts of the case are that on receiving credible information about the banned tobacco products like khaini and gutka, the Station House Officer, Nawabpet Police Station along with his staff and mediators proceeded to the door No.6/42 of Pappula Street, Stone House Pet and found two persons with white gunny bags. On seeing the Police they tried to escape but Police caught them and on enquiry one person i.e. A1 revealed his name as Kali Prasad and he runs Killi shop near Vijaya Mahal Gate. He stated that Venu and Mahendra of Kondarayapalem Gate purchase tobacco products at Bangalore and supply the same to him. He was waiting for Narayanareddy Subbaiah to handover the products to him. On search the Police found several varieties of banned 2 tobacco products. Basing on the confession report, the present crime was registered and the tobacco products were seized.
4. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and learned Public Prosecutor for the State.
5. Learned counsel for the petitioner submits that Section 273 I.P.C. deals with sale of noxious food or drink. Section 328 I.P.C. deals with causing hurt by means of poison with an intention to commit an offence. He further submits that the seized tobacco products are governed under the provisions of COTP Act and does not fall under the category of food. Therefore, none of the Sections including Sections 58 and 59 of FSS Act are applicable to the present case on hand as there are no allegations of violation of COTP Act.
6. Learned counsel for the petitioner placed reliance on the common order dated 18.12.2019 passed by a coordinate bench of this Court in Criminal Petition Nos.5421 of 2019 and batch, wherein it was held that "tobacco" does not fall within the definition of "food" as specified under Section 3(i)(j) of the Act, therefore, registration of FIR is not permissible. Learned counsel for the petitioner also submits that in Crl.P.No.5103 of 2019 and batch, another coordinate bench of this Court has quashed all the CCs as well as FIRs. Hence, he submits that in terms of the said orders, this Criminal Petition may be allowed.
7. The same is not disputed by learned Public Prosecutor appearing for the respondent-State.
3
8. In the light of the aforementioned orders, this criminal petition is allowed and the proceedings in F.I.R.No.494 of 2020 dated 07.10.2020 of Nawabpet Police Station, SPSR Nellore District are hereby quashed against the petitioner herein.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________________ JUSTICE LALITHA KANNEGANTI Date: 14.10.2020 IKN 4 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4482 of 2020 Date: 14.10.2020 IKN