Rupineni Venkata Krishna Rao vs The State Of Andhra Pradesh
2021 Latest Caselaw 1807 AP

         HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

            CRIMINAL PETITION No.1394 of 2021

ORDER:

The petitioner is accused No.13 in Crime No.72 of 2018 of

Peddaraveedu Police Station, Prakasam District registered under

Sections 120B, 353, 273, 188, 420 r/w 34 of IPC and Section

20B of Narcotic Drugs and Psychotropic Substances Act, 1985

and Sections 59 and 63 of Food Safety and Standards Act,

2006.

2. In view of the Judgments of this Court 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.

3. In W.P.No.3731 of 2018 and batch dated 27.08.2018, a

learned Single Judge of this Court had 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. 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

IPC.

4. The offence against the petitioner under Sections 353,

273, 188 and 420 r/w 34 of IPC along with Sections 59 and 63

of Food Safety and Standards Act, 2006 would not be

maintainable and the same requires to be quashed. However, 2 RRR,J CRL.P.No.1394 of 2021

the offence under Section 20B of Narcotic Drugs and

Psychotropic Substances Act, 1985 and Section 120B of IPC

cannot be quashed at this stage, in view of the allegations in the

complaint and other related documents in the case.

5. Accordingly, this criminal petition is partly allowed to

quash the Sections 353, 273, 188 and 420 r/w 34 of IPC along

with Sections 59 and 63 of Food Safety and Standards Act, 2006

against the petitioner herein in Crime No.72 of 2018 of

Peddaraveedu Police Station, Prakasam District, while leaving it

open to the investigation officer to continue investigation and

further proceedings in relation to under Section 20B of Narcotic

Drugs and Psychotropic Substances Act, 1985 and Section

120B of IPC in Crime No.72 of 2018 of Peddaraveedu Police

Station, Prakasam District.

As a sequel, pending miscellaneous petitions, if any, shall

stand closed.

____________________________ R. RAGHUNANDAN RAO, J.

01.04.2021
SDP
                       3                          RRR,J
                                  CRL.P.No.1394 of 2021

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1394 of 2021

Date : 01-04-2021

SDP