Telangana High Court
Mulugu Ramesh vs Inspector Of Police on 20 April, 2021
Bench: K.Lakshman
HON'BLE SRI JUSTICE K.LAKSHMAN
CRIMINAL PETITION No.3131 OF 2021
ORDER:
This petition is filed under Section 482 of Cr.P.C., seeking to
quash the proceedings in C.C.No.1608 of 2019 on the file of the
learned Additional Judicial Magistrate of First Class, Kothagudem,
against the petitioners herein. The petitioners herein are accused
Nos.1 to 3 in the above said crime. The offences alleged against
them are under Sections - 270 and 273 of IPC of the Cigarettes
and Other Tobacco Products (Prohibition of Advertisement and
Regulation of Trade and Commerce, Production, Supply and
Distribution) Act, 2003 (for short 'COTP Act').
Heard Ms.C.Sunitha Kumari, learned counsel for petitioners
and learned Assistant Public Prosecutor appearing on behalf of
respondents.
Perused the entire material available on record.
Learned counsel for the petitioners would submit that the
allegations levelled against the petitioners lacks the ingredients of
the aforesaid offences and, therefore, he sought to quash the
proceedings against the petitioners herein. In support of the same,
he has placed reliance on the judgment in CHIDURALA
SHYAMSUBDER V/s. STATE OF TELANGANA1 rendered by a
learned Single Judge of the High Court of Judicature at Hyderabad
for the States of Telangana and Andhra Pradesh.
. Crl.P. No.3731 of 2018 & batch, decided on 27.08.2018
On the other hand, learned Assistant Public Prosecutor has
tried to distinguish the principle laid down in the said judgment to
the facts of the present case.
Perused the judgment in CHIDURALA SHYAMSUBDER
(supra), wherein a learned Single Judge of the High Court observed
that transportation of chewing tobacco or Khaini or Pan Masala do
not constitute an offence punishable under Section 270 of IPC and
that manufacturing of pan masala is not included in Section - 273
of IPC and, therefore, the same is not an offence since it is not a
noxious product. The learned Single Judge further observed as
under:
"....The act done by the petitioners i.e., transportation of
khaini and chewing tobacco though dangerous to human life, it
would not spread or infect or cause any disease on account of
transportation and if those products are consumed by human
being, it would certainly cause damage to the health.
Therefore, transportation of khaini or chewing tobacco is not by
itself is not an offence under Section - 270 of IPC and it would
fall within Section 270 of IPC."
In the present case, the allegation levelled against the
petitioners herein that they are purchasing the banned tobacco
products and selling them to retailers to get more profits illegally.
In view of the above said decision, the contents of the complaint
lacks the ingredients of Sections - 270 and 273 of IPC and,
therefore, the proceedings in the aforesaid crime for the said
offences are liable to be quashed against the petitioners herein -
accused Nos.1 to 3.
In view of the above discussion, the present Criminal Petition
is allowed, and the proceedings in C.C.No.1608 of 2019 on the file
of Additional Judicial Magistrate of First Class, Kothagudem, are
hereby quashed against the petitioners - accused Nos.1 to 3.
Since the proceedings in the aforesaid case are quashed
against the petitioners herein - accused Nos.1 to 3, they are at
liberty to file an appropriate application before the Court below for
return of the seized property. On such application is being made by
the petitioners, the learned Magistrate shall consider the same for
return of the seized property in accordance with law, on proper
identification and verification of ownership of seized property under
due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in the
criminal petition shall stand closed.
_________________
K.LAKSHMAN, J
20th APRIL, 2021
20th
Note:
Registry is directed to annex a copy of
Common Order, dated 27.08.2018 in
Crl.P. No.3731 of 2018 & batch to this order.
(B/o) pgs
