P Satyanarayana Satyanarayana vs State Of Ap
2021 Latest Caselaw 3913 AP

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE NO.: Crl.P.No.4287 of 2021 PROCEEDING SHEET

Sl. Date ORDER OFFICE No. NOTE

04.10.2021 LK,J

A counter is filed by the Station House Officer, Cumbum Police Station, Prakasham District submitting that in one Paragraph it is stated that 'this Court in Crl.P.No.5421 of 2019 has quashed the crimes, but however he refered to various judgments of Madras High Court, Bombay High Court and the Telangana High Court and also submits that a Coordinate Bench of this Court has reserved the matter for judgment and another learned Judge in a Writ Petition has referred the matter to Division Bench whether Gutkha is a food item or not.

It is submitted that as the matters are pending before the Hon'ble Apex Court and before this Court, police are constrained to register the cases under the COTPA Act and other IPC offences. The specific reason directing the police to file a counter was that in a batch of Criminal Petitions, when this Court has quashed the crimes, still the police are registering the complaints for the offences of purchasing/ transporting, selling of tobacco products. In the counter filed by the Investigating Officer, has stated irrelevant things and failed to answer why they are registereing the cases when in a batch of Criminal Petitions, this Court has quashed the crimes. Admittedly, they have not preferred any appeals against the orders passed by this Court.

Concerned officer shall file a detailed counter. Post after Dussehra Vacation, 2021.

______ LK, J KA