Andhra Pradesh High Court - Amravati
Bapatla District vs Unknown on 3 August, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.5855 of 2022
ORDER:
A Crime in F.I.R.No.152 of 2022 of Martur Police Station, Bapatla District, has been registered against the petitioners for the offences under Sections 20(2), 24(1) r/w.7(1) r/w.8(1) (a) r/w.10 of COTPA Act, 2003.
2. The cases are being booked against persons, who are found to be either storing or transporting tobacco and tobacco products in the State of Andhra Pradesh. The persons, who are facing such cases, have been approaching this Court for relief.
3. In W.P.No.3731 of 2018 and batch dated 27.08.2018, a learned Single Judge of this Court held that the police would not have jurisdiction to initiate or investigate any offences punishable under the provisions of the Food Safety and Standards Act, 2006. The learned Single Judge also held that transport or storage of tobacco and tobacco products would not constitute an offence punishable under Sections 270 to 273 of IPC.
4. In view of the aforesaid findings, which are being consistently followed by this Court, this Criminal Petition is allowed quashing the proceedings in FIR.No.152 of 2022 of Martur Police Statin, Bapatla District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners.
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Miscellaneous petitions pending, if any, in this Criminal Petition shall stand closed.
_____________________ JUSTICE D.RAMESH Date : 03.08.2022 tm 3 THE HONOURABLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.5855 of 2022 Date: 03.08.2022 tm