Bellamkonda Raviteja, vs The State Of Andhra Pradesh ...
2022 Latest Caselaw 8111 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                           Crl.P.No.7764 of 2022

ORDER:

The petitioners are accused in Crime No.219 of 2022 of

Sabbavaram police Station, Anakapalli District for the offences punishable

under Sections 41 and 102 of Cr.P.C. The allegations in the complaint are

that the petitioners 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 2 RRR,J Crl.P.No.7764 of 2022

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.219 of 2022 of Sabbavaram Police Station, Anakapalli District, is

hereby quashed and the criminal petition is accordingly allowed with a

direction to the Station House Officer, Sabbavaram 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.

31st October, 2022 Js.

                          3                            RRR,J
                                       Crl.P.No.7764 of 2022


      HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO




               Crl.P.No.7764 of 2022




                 31st October, 2022
Js.