Mohd. Shoaib Ahmed vs The State Of Telangana
2025 Latest Caselaw 3236 Tel

Telangana High Court

Mohd. Shoaib Ahmed vs The State Of Telangana on 19 March, 2025

                   HON'BLE SRI JUSTICE K.SURENDER

                 CRIMINAL PETITION No.13304 OF 2024
JUDGMENT:

1. This Criminal Petition is filed to quash proceedings against the

petitioners in C.C.No.74 of 2024 on the file of X Additional

Metropolitan Magistrate, Kukatpally, Cyberabad.

2. The petitioners are aggrieved by the charge sheet laid under

Sections 4, 5 r/w 7, 8 of the Prohibition of Electronic Cigarettes

(Production, Manufacture, Import, Export, Transport, Sale,

Distribution, Storage and Advertisement) Act, 2019 ( for short 'the

Act').

3. Briefly, the case of the prosecution is that the petitioners have

indulged in consuming electronic cigarettes illegally.

4. Under Section 12 of the Act, no Courts shall take cognizance

of an offence punishable under this Act, except upon a complaint in

writing made by an authorized officer under this Act. Section 12 of

the Act reads as follows:

"12.No court shall take cognizance of an offence punishable under this act, except upon a compliant in writing made by an authorized officer under this Act."

5. As seen from the final report, which was filed under Section

173 of Cr.P.C, a private complaint has to be filed in accordance with

Section 200 of Cr.P.C. In view of the bar contained in the Act,

cognizance taken by the learned Magistrate is bad in law.

Accordingly, cognizance order is quashed and consequently, charge

sheet filed against the petitioners is also quashed. However, it is

open for the police to proceed in accordance with law.

6. Accordingly, Criminal Petition is allowed. Consequently,

miscellaneous applications, if any, shall stand disposed off.

__________________ K.SURENDER, J Date: 19.03.2025 kvs