Andhra Pradesh High Court
CRLP/10352/2022 of YADALA SRINIVASULU Vs STATE OF ANDHRA PRADESH on 30 December 2022
R. RAGHUNANDAN RAO CRIMINAL PETITION No.10352 of 2022 ORDER: A crime in Crime No.205 of 2017 in C.C.No.123 of 2018 on the file of Additional Judicial First Class Magistrate, Kavali, against the petitioner under Sections 353 read with 34 of Indian Penal Code and Section 58 of the Food Safety
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO CRIMINAL PETITION No.10352 of 2022
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ORDER:
A crime in Crime No.205 of 2017 in C.C.No.123 of 2018 on the file of Additional Judicial First Class Magistrate, Kavali, against the petitioner under Sections 353 read with 34 of Indian Penal Code and Section 58 of the Food Safety and Standards Act, 2006 on the ground that the petitioner was caught storing or transporting tobacco and tobacco products.
2. The cases are being booked against persons, who are found to be either storing or transporting tobacco or tobacco products in the State of Andhra Pradesh. Persons, who are facing such cases, have been approaching this Court for relief.
3. In Crl.P.No.5421 of 2019 and batch dated 18.12.2019, a learned Single Judge of this Court had held that tobacco does not fall within the definitions of “food” and as such, registration of Crime under the Food Safety and Standards Act, 2006 is not permissible.
4. In W.P.No.3731 of 2018 and batch dated 27.08.2018, a learned Single Judge of this Court had held the police would not have jurisdiction to initiate or investigate any offences punishable under the provision of the Food Safety and Standards Act, 2006. A learned Single Judge had also held that transport or storage of tobacco and tobacco products would not constitute an offence punishable under Sections 270 to 273 of Indian Penal Code.
5. In view of the aforesaid findings which are being consistently followed by this Court, this Criminal Petition is allowed quashing the Crime No.205 of 2017 in C.C.No.123 of 2018 on the file of Additional Judicial First Class Magistrate, Kavali, against the petitioner with a direction to return the seized tobacco and tobacco products.
Miscellaneous petitions, pending if any, in this Criminal Petition shall stand closed.
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R. RAGHUNANDAN RAO, J
HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO
CRIMINAL PETITION No.10352 of 2022
30.12.2022
RKS