Andhra Pradesh High Court - Amravati
C. Selva Perumal Reddy, vs The State Of Andhra Pradesh, on 27 May, 2021
THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI
CRIMINAL PETITION No.2991 OF 2021
ORDER:-
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 seeking a direction to the Station House Officer, Rapthadu Police Station, Ananthapuramu District to release tobacco products i.e. vimal pan masala, blue bull tobacco, chaini tobacco, Hans Chhap and V-1 tobacco seized in connection with F.I.R.No.69 of 2021.
2. The above said crime has been registered against the petitioner under Sections 188 and 273 of the Indian Penal Code, 1860; Sections 7, 20 and 22 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTP Act'); Section 34(A) of the Andhra Pradesh Excise Act and Section 8(b)(i) of the Andhra Pradesh Prohibition Act against which the petitioner herein has filed Criminal Petition No.2705 of 2021 before this Court seeking quash of the said F.I.R. This Court has disposed of the said criminal petition No.2705 of 2021 by order dated 29.04.2021 quashing F.I.R. with regard to the offences punishable under Sections 188 and 273 of IPC and sections 7, 20 and 22 of COTP Act as the issue therein was squarely covered in terms of the order in criminal petition No.3731 of 2018 and batch. But the Police have not yet returned the tobacco stock. Hence, the present criminal petition is filed.
3. Heard Sri Raja Reddy Koneti, learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent-state.
2
4. Learned counsel for the petitioner submits that since F.I.R is quashed with regard to the offences punishable under Sections 188 and 273 of IPC and sections 7, 20 and 22 of COTP Act, the petitioner is entitled for return of seized tobacco products. He further submits that Sections 451, 452 and 457 Cr.P.C. are not applicable as FIR is quashed. He further submits that in similar circumstances, this Court had allowed criminal petitions ordering return of property.
5. Learned Additional Public Prosecutor fairly acceded with the submission of the learned counsel for the petitioner.
6. Taking into consideration the fact that F.I.R. registered on the ground of possession of tobacco products has been quashed by this Court by order dated 29.04.2021 in criminal petition No.2705 of 2021 with regard to the offences punishable under Sections 188 and 273 of IPC and sections 7, 20 and 22 of COTP Act, the tobacco products seized in connection with said offences, are liable to be returned to the petitioner.
5. Accordingly the Criminal Petition is allowed and the Station House Officer, Rapthadu Police Station, Ananthapuramu District is directed to release the property seized in connection with F.I.R.No.69 of 2021.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
____________________________________ JUSTICE LALITHA KANNEGANTI Date: 27.05.2021 IKN 3 THE HON'BLE SMT JUSTICE LALITHA KANNEGANTI CRIMINAL PETITION No.2991 of 2021 Date: 27.05.2021 IKN