Andhra Pradesh High Court - Amravati
Mylapilli Ramu vs The State Of Andhra Pradesh on 7 December, 2023
1
THE HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION No.7313 of 2021
ORDER:
The instant petition under Section 482 of the Code of
Criminal Procedure, 1973 (in short "Cr.P.C.") has been filed, by the
petitioner/accused, seeking quashment of the proceedings against
him in F.I.R.No.705 of 2021 on the file of Muvvalavanipalem Police
Station, Visakhapatnam registered for the offence under Section
188 of the Indian Penal Code (in short „IPC‟) and Section 6(A) of
Cigarettes or Other Tobacco Products (Prohibition of Advertisement
and Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (in short „the COTPA Act‟).
2. Heard Sri R.Siva Sai Swarup, learned counsel for the
petitioner and Ms.Prasanna Lakshmi, learned Assistant Public
Prosecutor for the State.
3. It is submitted by the learned counsel for the petitioner and
acceded to, by the learned Assistant Public Prosecutor that the
subject matter of this Criminal Petition is squarely covered by the
common order passed by this Court in Criminal Petition Nos.5421
of 2019 and batch, dated 18.12.2019, wherein this Court held as
follows.
"But as far as the present cases are concerned,
this Court by exercising the power under section
482 Cr.P.C and following the mandate of the
Hon'ble Supreme Court of India in State of
Haryana v. Bhajan lal and the judgment of the
High Court of Allahabad in M/s.Pepsico India
Holdings(Pvt) Ltd., and Another (4 supra), is
constrained to hold that all the FIRs/cases that
have been registered under the provisions of the
IPC, FSS Act and the COTPA Act are quashed,
leaving it open to them, if they so desire to pursue
the prosecution in respect of the offences under the
other enactments, if any. The offences under the
NDPS Act can be pursued. The offences under the
COTPA Act, can only be launched if the police find
that the sections 5, 6, 7 and 10 are not complied
with. Except on these very limited grounds
genuine/legitimate traders cannot be prosecuted.
It is hoped that copies of the orders passed by
the learned single Judge in Crl.P.No.3731 of 2018
and batch and this order are widely circulated by
the Director General of Police and the Chief
Secretary of the State of Andhra Pradesh through
out the state of Andhra Pradesh so that the time
and effort of the police are devoted to more serious
crimes. Whatever be the impact of tobacco
products on the health of an individual or the
nation; till the law is amended/modified it has to
be followed. As held by many Courts earlier; it
may be hard, but it is the law.
With the above observations, the criminal
petitions are allowed."
4. Hence, following the said Order passed by this Court in
Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019,
and taking into consideration of the facts and circumstances of the
case, this criminal petition is allowed by quashing the proceedings
against the petitioner/accused in F.I.R.No.705 of 2021 on the file of
Muvvalavanipalem Police Station, Visakhapatnam, registered for
the offence under Section 188 IPC and Section 6(A) of the COTPA
Act.
5. In the result, the Criminal Petition is allowed.
Pending applications, if any, shall stand closed.
_____________________________________________
JUSTICE VENKATA JYOTHIRMAI PRATAPA
Date : 07.12.2023
Dinesh
HON'BLE SMT. JUSTICE VENKATA JYOTHIRMAI PRATAPA
Dt.07.12.2023
Dinesh
