Andhra Pradesh High Court - Amravati
Kesari Narayanappa, vs The State Of Andhra Pradesh, on 25 January, 2021
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI ,. MONDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY ONE :PRESENT: THE HONOURABLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION NO: 287 OF 2021 Between: 1. Kesari Narayanappa, S/o. Sri Ramulu, Aged about 42 years, R/o. D. No. 5/66, - B.C. Colony, Y.T. Cheruvu, Guntakal Mandal, Anantapur District. 2. Chittiboyina Sai Madhava, S/o. Bramaiah, Aged about 39 years, R/o. Eswar Reddy Nagar, Rameswaram, Proddutur Town, Kadapa District. ...Petitioners/Accused AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra Pradesh, High Court Buildings at Amaravathi. ...Respondent/Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No. 150 of 2020, on the file of the Muddanur (U/G) Police Station, Kadapa District against the petitioners. IA NO: 2 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the memorandum of grounds filed in Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime No. 150 of 2020, on the file of the Muddanur (U/G) Police Station, Kadapa District including the appearance of the Accused till the disposal of the Main Quash Petition in the interest of the justice, pending disposal of CRLP 287 of 2021, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and upon hearing the arguments of Sri M Karibasaiah, Advocate for the Petitioners and of Public Prosecutor for the Respondent, the Court made the following. ORDER:
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THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.287 OF 2021 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.150 of 2020 of Muddanur (U/G) Police Station, Kadapa District registered for the offences punishable under Sections 188, 328, 272, 273 read with 34 of the Indian Penal Code, 1860 (for short 1.P.C.') and Sections 7 and 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTP Act?.
2. The petitioners before this Court are Al and A2 in the above said crime.
3. The case of the petitioners is that F.I.R. was registered on 08.09.2020 on the ground that the petitioners were found in possession of the banned noxious tobacco products in 40 packets containing 15 pouches in each packet which worth Rs.2,400/- and basing on the confession that said tobacco products were brought from Bellari, Karnataka for selling the same at higher prices.
4. Heard Sri M. Karibasaiah, learned counsel for the petitioners and learned Public Prosecutor for the respondent-state.
5. The learned counsel for the petitioners submits that as tobacco or tobacco products do not fall under the definition of food or drink they do not come within the ambit of Sections 272 and ae ee 2 273 I.P.C. which speak about adulteration of food or drink intended for sale and sale of Noxious Food or Drink. He further submits that Section 188 I.P.C. would apply when there is disobedience of an order duly promulgated by a public servant. As such even Section 188 I.P.C. is not applicable to the present case
6. Learned counsel for the petitioners also submits that to prove an offence under Section 328 of I.P.C. the prosecution is required to prove that the substance in question is a poison and that the accused is responsible for administering the poison. Tobacco products do not fall under this definition and there is no mention in the charge sheet that samples were taken and sent to analyst laboratory. Until there is a report showing that it is noxious or poison, a crime cannot be registered under above mentioned I.P.C. Sections. Moreover, the Police have no power to register the offences under above Sections except the designated officers like Food Safety Officer.
7. Learned counsel for the petitioners has also drawn the attention of this Court to the Sections of COTP Act and submits that Section 7 of said Act is also not applicable as it speaks about the imposition of restriction on the sale, trade, commerce of tobacco products unless every package of cigarette or tobacco product contains a specified warning and Section 20 (2) of the COTP Act speaks about the punishment if any person sells any tobacco products without the label of specified warning. It is not the case of the prosecution that there is any violation of the said conditions.
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8. Learned counsel for the petitioners submits that this Court has quashed a number of crimes which were registered for similar offences and this case is squarely covered by the said judgment.
Hence, prays to quash the F.LR.
9, The learned Public Prosecutor has conceded that in similar circumstances several F.I.Rs. were quashed by this Court.
10. This Court has passed a detailed common order in Criminal Petition Nos.5421 of 2019 and batch, wherein criminal petitions were allowed by quashing respective F.].Rs. which were registered under similar circumstances and since this case also stands on similar footing this Court deems it appropriate to quash the subject F.LR.
11. In view of the above, this criminal petition is allowed and the proceedings in F.I.R.No.150 of 2020 dated 08.09.2020 of Muddanur Police Station, Kadapa, are hereby quashed against the petitioners herein.
Registry is directed to attach a copy of the order dated 18.12.2019 passed in Criminal Petition No.5421 of 2019.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
Sd/-E.Kameswara ko ASSISTA T REGISTRAR IITRUE COPY// ie For SECTION OFFICER To, The Il Additional District and Sessions Judge, Kadapa at Proddutur. The Station House Officer, Muddanur (U/G) Police Station, Kadapa District. One CC to Sri. M Karibasaiah, Advocate [OPUC] Two CCs to Public Prosecutor, High Court of AP [OUT] One spare copy.
DARONS Rey HIGH COURT LK,J DATED:25/01/2021 ORDER CRLP.No.287 of 2021 DIRECTION