Para Linga Rao vs The State Of Andhra Pradesh
2022 Latest Caselaw 8039 AP

            HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                         Crl.P.No.8237 of 2022

ORDER:

The petitioner is an accused in Crime No.88 of 2022 of SEB Station,

Piduguralla, for the offences punishable under Sections 34(a)(i) of A.P.

Excise Amendment Act, 2020, on the ground that blue bull tobacco

sachets and two boxes containing 96 bottles of VSOP old Admiral Brandy

were found in the vehicle of the petitioner while he was proceeding on

Narketpalle to Addanki State highway on 05.08.2022.

2. The petitioner had filed Crl.M.P.No.637 of 2022 in Crime

No.88 on the file of the Junior Civil Judge, Piduguralla for return of

1,42,500 blue bull tobacco sachets. The Magistrate, by an order dated

17.09.2022, had disposed of the application directing release of tobacco

sachets subject to certain conditions set out in the order.

3. The petitioner, being aggrieved by the said conditions, has

approached this Court by way of the present criminal petition.

4. It is the case of the petitioner that possession and transport

of tobacco products would not attract the provisions of Section 273 IPC

and this Court, by various judgments, had held that no case can be

registered against the persons on the ground of possession or transport of

tobacco products.

5. In view of the aforesaid position of law, the order of the

Junior Civil Judge, Piduguralla, dated 17.09.2022 in Crl.M.P.No.637 of 2 RRR,J Crl.P.No.8237 of 2022

2022 in Crime No.88 of 2022 of SEB Station, Piduguralla, is modified to

the extent of removing the conditions set out in the said order, with a

direction to the respondents to release the seized tobacco products

without any conditions.

Accordingly, the criminal petition is disposed of. As a sequel,

pending miscellaneous petitions, if any, shall stand closed.

_________________________ R. RAGHUNANDAN RAO, J.

27th October, 2022 Js.

                          3                            RRR,J
                                       Crl.P.No.8237 of 2022

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

Crl.P.No.8237 of 2022

27th October, 2022 Js.