Andhra Pradesh High Court - Amravati
Kunchanapalli Bala Nagaraju vs State Of Andhra Pradesh on 18 November, 2021
Author: D.Ramesh
Bench: D.Ramesh
1
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No. 6469 of 2021
O R D E R:
This Criminal Petition is filed under Section 482 Cr.P.C. seeking to quash the proceedings in FIR.No.103 of 2021, dated 17.05.2021 on the file of Narasaraopet II Town Police Station, Guntur District, against the petitioner for the offence punishable under Sections 7(1), 7(3), 20(1) of COTP Act.
Heard learned counsel for the petitioner and learned Public Prosecutor appearing for respondent-State.
Learned counsel for the petitioner submits that the issue in this case is squarely covered by the common order dated 27.08.2018 passed in Crl.P.No.3731 of 2018 & Batch. It is also brought to the notice of this Court that this Court has taken into consideration the common order dated 18.12.2019 passed by a coordinate Bench of this court in Crl.P.Nos.5421 of 2019 & Batch holding that "tobacco" does not fall within the definition of "food", as specified under Section 3(i)(j) of the Act and that therefore, registration of FIR is not permissible. In view of the aforesaid, it is urged that the FIR may be quashed against the petitioner.
Learned Public Prosecutor did not oppose the said submission.
Considering the submissions and in view of the fact that this matter is squarely covered by the earlier orders, the criminal 2 petition is allowed and proceedings in FIR.No.103 of 2021, dated 17.05.2021 on the file of Narasaraopet II Town Police Station, Guntur District, against the petitioner for the offence punishable under Sections 7(1), 7(3), 20(1) of COTP Act, are hereby quashed. Miscellaneous applications pending if any, shall stand closed.
_____________________ JUSTICE D.RAMESH Date : 18-11-2021 tm 3 THE HONOURABLE SRI JUSTICE D.RAMESH allowed CRIMINAL PETITION No.6469 of 2021 18.11.2021 tm