HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
Crl.P.No.7764 of 2022
ORDER:
The petitioners are accused in Crime No.219 of 2022 of Sabbavaram police Station, Anakapalli District for the offences punishable under Sections 41 and 102 of Cr.P.C. The allegations in the complaint are that the petitioners had been found in possession of chewing tobacco products and that the said tobacco products, along with the vehicle of the petitioner, were seized.
2. This Court is not going into the question whether a criminal complaint can be filed under Section 41 and 102 Cr.P.C. In view of the manner in which the present application filed, this criminal petition is being disposed of.
3. The police authorities have been registering criminal cases against the persons found to be transporting, possessing or selling tobacco products under various provisions of I.P.C., including Sections 273 and 278 I.P.C., along with the provisions of the Cigarettes And Other Tobacco Products (Prohibition Of Advertisement And Regulation Of Trade And Commerce, Production, Supply And Distribution) Act, 2003, and under the provisions of the Food Safety and Standards Act, 2006. In all such cases, this Court has been taking the view that possession or transportation or sale of tobacco products would not be treated as a crime 2 RRR,J Crl.P.No.7764 of 2022 under these enactments and consequently such cases are being quashed by this Court.
4. Following the said judgments and more specifically the judgment of this Court in 4964 of 2021 dated 03.09.2021 the complaint in Crime No.219 of 2022 of Sabbavaram Police Station, Anakapalli District, is hereby quashed and the criminal petition is accordingly allowed with a direction to the Station House Officer, Sabbavaram Police Station, to return the tobacco products and the vehicle to the petitioner.
As a sequel, pending miscellaneous petitions, if any, shall stand closed.
_________________________ R. RAGHUNANDAN RAO, J.
31st October, 2022 Js.
3 RRR,J
Crl.P.No.7764 of 2022
HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO
Crl.P.No.7764 of 2022
31st October, 2022
Js.