Chakram Mallipam, vs State Of Ap
2021 Latest Caselaw 1688 AP

      THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1661 OF 2021====

ORDER:-

A Crime in F.I.R No.190 of 2019 has been registered in

Chebrolu Police Station, Guntur District against the petitioners

under Sections 188, 420 r/w Section 34 IPC and Sections 58,

59 and 63 of the Food Safety Standards Act, 2006 on the

ground that the petitioners were caught transporting tobacco

and tobacco products.

2. A learned Single Judge of this Court by an order

dated 21.07.2020 in Crl.P.No.2408 of 2020 has already held

that as far as the provisions of the Food Safety Standards Act,

2006 is concerned, the same cannot be inclined into or a

complaint taken up by the police. As far as procedure of the

tobacco or tobacco products is concerned, a learned Single

Judge is also held that mere transport of tobacco or tobacco

products would not amount to an offence under Sections 270

and 273 of IPC.

3. Following the said Judgment, this criminal petition

is allowed quashing FIR No.190 of 2019, registered on Chebrolu

Police Station, Guntur District.

Miscellaneous petitions, pending if any, in this Criminal

Petition shall stand closed.

___________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 22-03-2021 RJS

THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO

CRIMINAL PETITION No.1659 OF 2021

Date : 22-03-2021

RJS