Andhra Pradesh High Court - Amravati
Gedela Satish vs The State Of Andhra Pradesh on 12 October, 2020
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.4408 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.306 of 2019 dated 16.12.2019 of Pedavegi Police Station, West Godavari District registered for the offences punishable under Sections 328, 270, 273 and read with 34 of the Indian Penal Code, 1860 (for short "I.P.C.") and Section 22 of the Cigarettes and Other Tobacco Products Act, 2003 (for short 'COTP Act').
2. The petitioner before this Court are accused No.1 in the above said crime.
3. The brief facts of the case are that while the Police were conducting search in a building of ready mixture company situated near Vanguru Panchayat limits road leading to Asram at bye-pass they found the accused in possession of tobacco products. Therefore the present crime is registered for the above offences and the tobacco products were seized.
4. Heard Sri R.Siva Sai Swarup, learned counsel for the petitioner and learned Public Prosecutor for the State.
5. Learned counsel for the petitioner submits that Sections 328, 273 and 270 I.P.C. relate to food safety standards. Section 2 328 I.P.C. speaks about causing hurt by means of poison with an intention to commit an offence. Section 270 I.P.C. speaks about malignant act likely to spread infection of disease dangerous to life and Section 273 of I.P.C. speaks about sale of Noxious Food or Drink. Neither of the sections is applicable to the present case as tobacco will not spread any infection and it does not fall under category of food or drink or poison. Therefore, the Police have no power to register the offences under above Sections except the designated officers like Food Safety Officer.
6. Learned Counsel 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 FSS Act. Therefore, registration of FIR is not permissible.
7. The provisions of COTP Act do not apply to the case on hand as it was held by this Court in Criminal Petition Nos.5421 of 2019 and batch that the provisions of the COTP Act can only be pressed into service in limited circumstances i.e. when there is violation of Sections 4 to 7 and 10 of the COTP Act.
8. Learned counsel further submits that in terms of the order passed in Criminal Petition Nos.5421 of 2019 and batch, this Court has allowed Criminal Petition No.2600 of 2020 and Criminal Petition No.2820 of 2020 were allowed by quashing respective 3 F.I.Rs. Hence, he submits that in terms of the aforesaid orders, this Criminal Petition may be allowed.
9. The above submissions are not disputed by learned Public Prosecutor appearing for the respondent-State.
10. In the light of the aforementioned orders, this criminal petition is allowed and the proceedings in F.I.R.No.306 of 2019 dated 16.12.2019 of Pedavegi Police Station, West Godavari District are hereby quashed against the petitioner/A1.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________________ JUSTICE LALITHA KANNEGANTI Date: 12.10.2020 IKN 4 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.4408 of 2020 Date: 12.10.2020 IKN