Kunchanapalli Bala Nagaraju vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
For Admission
Before:
Hon'ble Cheekati Manavendranath Roy
Listed On:
9 Nov 2020
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Order Text
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.5015 OF 2020
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of the F.I.R. in Crime No.206 of 2020 of II Town Police Station, Narasaraopeta, Guntur District.
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Heard learned counsel for the petitioner and the learned Additional Public Prosecutor.
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The petitioner is the sole accused in Crime No.206 of 2020 of II Town Police Station, Narasaraopeta, Guntur District. A case under Sections 7(1), 7(3) and 20(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 was registered against him. The said case is now under investigation.
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Both the learned counsel for the petitioner and the learned Additional Public Prosecutor would submit that it is a covered matter and earlier this Court has quashed the F.I.R. registered for the similar offences based on identical facts. Therefore, they would pray to pass appropriate orders accordingly in this petition also.
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As can be seen from the order dated 21-10-2020 passed by this Court in Criminal Petition No.4520 of 2020, this Court has quashed the F.I.R registered for the similar offences based on identical facts. The said order was passed based on earlier orders passed by this Court in Criminal Petition No.3731 of
2018 and batch, whereunder it is held that "tobacco" does not fall within the definition of "food" as specified under Section 3(i)(j) of the Act.
- Therefore, in view of the aforesaid orders of this Court and for the reasons stated therein, this Criminal Petition is allowed and the F.I.R. registered against the petitioner in Crime No.206 of 2020 of II Town Police Station, Narasaraopeta, Guntur District, is hereby quashed.
Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.
JUSTICE CHEEKATI MANAVENDRANATH ROY
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Date : 09-11-2020 ARR
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.5015 OF 2020
Date : 09-11-2020
ARR