N.Sudhakar vs The State Of Andhra Pradesh
2022 Latest Caselaw 8364 AP

       HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

               CRIMINAL PETITION.No.8717 of 2022

ORDER:

The petitioner is accused in Crime No.293 of 2022 of

Bhogapuram Police Station, Vizianagaram District for offences

punishable under Sections 41 and 102 of Cr.P.C. The

allegations in the complaint are that the petitioner 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 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.293 of 2022 of Bhogapuram Police

Station, Vizianagaram District, is hereby quashed and the

criminal petition is accordingly allowed with a direction to the

Station House Officer, Bhogapuram 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.

04.11.2022 RJS

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION.No.8717 of 2022

04.11.2022

RJS