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Judgment
Challenge in these Criminal Petitions are the charge sheets and the First Information Reports which were registered alleging that the respective petitioners committed offences punishable under Sections 188, 269, 270, 271, 272, 273, 328, 336 and 420 IPC. The allegation is also that the petitioners committed offences under the provisions of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (hereinafter be referred to as “the COTP Act, 2003”, for brevity) and that, Section 59 (1) of the Food Safety and Standards Act, 2006, is violated. Though not collectively, for the said offences, different provisions of law were quoted basing on different set of case facts, however, regarding the same subject matter.
Heard Sri Y.Bala Murali, Sri Balakisti Srinivas Reddy, Sri Prasad Ravanaboina, Sri S.Chandrasekhar, Ms. C.Sunitha Kumari, Sri M.A.K.Mukheed, Sri Kondadi Ajay Kumar, Sri Gajanand Chakravarthi, Sri Mohd Muzaffer Ullah Khan, Sri Nanda Kishore Amarchand Yadav, Sri P.Padma Rao and Sri B. Balaji, learned counsels appearing for the petitioners, and also the learned Public Prosecutor representing the respondent-State.
For proper understanding of the case, the provisions of law invoked, the gist of the allegations and the crux of the matters taken up for adjudication are tabulated as under:
Sl.
No
CRL.P.NO.
RELIEF SOUGHT FOR
SECTIONS OF
LAW INVOLVED
NATURE OF OFFENCES
IPC
COTP
Act
1
6235 of
2022
Quash of FIR.No.168 of 2022 of Nagarkurnool Police Station (petitioner/A1)
1,88,273
20(2)
Illegal selling of
1.RR Tobacco-410 packets
V-1 Tobacco-200 packets
SR Tobacco-200 packets
Swagath Gold Tobacco- packets
Sagar Pan Masala-170 packets
Vimal Pan Masala-1850 packet
Raj Nivas pan Masala- packets
Famous Pan Masala -1
packets
2
7084 of
2022
Quash of FIR.No.486 of 2022 of Sanathnagar Police Station (petitioners/A1 & A2)
1,88,273
20(2)
Illegal selling of 1.Vimal-50 packets
2.RR tobacco-65 packets
3.Miraj tobacco-35 packets.
3.
7174 of
2022
Quash of FIR No.140 of 2022 of Kodad(R) Police Station (Petitioner/Accused No.3)
273
24(1)
Illegal transportation of
1.9,975 Mirage super toba sachets - 19 plastic bags.
14,400 Raja tobacco sachets plastic bags.
4.
7240
of 2022
Quash of CC.No.98 of 2021 pending on the file of the Court of Special II Class Judicial Magistrate, Hanamkonda. (petitioner/Accused)
269,
273
NIL
Illegal transportation of 1.Amber packets 52
RR zarda packets 42 3.Balaji Baba zarda packets 9
J.K.Zarda-57
5.Swagath Gold Packets-12
5.
7264
of 2022
Quash of FIR.No.223 of 2022 of Langar House Police Station. (petitioners/Accused
1 & 2)
328,
336, 273
20(2)
Illegal storing of two bags containin K9000 (102 packets)
6
7269
of 2022
Quash of CC.No.4368 of 2022
on the file of the Court of VI Addl. Chief Metropolitan Magistrate, Nampally, Hyderabad.
2,72,273
20(2)
Illegal selling of
1.R.R Gold Tobacco- 4 bags.
R.R.Panmasala- 4 bags.
Miraj Tobacco- 31 packets.
Suraj Tuta Tobacco- 20 packets. 5.SR-1 Tobacco- 1 bag.
6.Sagar panmasala-1 bag.
V-1 Tobacco-1 bag. 8.Vimal 7-155 packets. 9.Baba-120 Tobacco-35 Ladis
Rajnivas-12 packets 11.Premium XL Tobacco-18 packets
Loose Zarda-38 packets 13.KP Tobacco-44 packets
RR Tobacco- 18 packets
Kamla Pasand Tobacco-4 packets
Vimal panmasala- 40 packets
Amber Tobacco- 6 packets
Sawagth Tobacco- 24 packets
Vimal Kesari- 146 packets
Paris Cigarettes-4 boxes
A-10 Cigarettes-16 boxes.
7
7273
of 2022
Quash of CC.No. 218 of 2022 on the file of the court of Special judicial First Class Magistrate for Excise cases at Nampally, Hyderabad.
328,336,
272,273
r/w 511
20(2)
Illegal storing of
1.Maha Baba-15 packets 2.KP double black-40 packets
R.R Pan masala-40 packets 4.Baba 160-10 packets
Baba 120-22 packets
Vimal pan masala-10 pouches
Swagath gold-22 packets 8.Maha baba-60 pouches
Rajini Gandha-10 boxes
Meraj Qani-06 pouches 11.patta Zarda-4kg
Rush brand Zafrani pathi-0 small bags.
Kamala pasand-07 boxes
Baba black-3 tins
Sugar-15 packets
K-9000-2 packets.
8
7277 of
2022
Quash of CC.No.101 of 2022 on the file of the court of Special Magistrate of first class Prohibition
and Excise offences Court at Sangareddy.
2,73,188
3(M)
Illegal transportation of
ambar tobacco gutka - 19 bags.
9
7289 of
2022
Quash of FIR.No.64 of 2022 of Nizamabad II Town Police station, Nizamabad.
420,270,
273
20(2)
Illegal selling of
1.Gutka Sachets about total 20,885 2.Tobacco sachets about total 66,733 3.Cigarette packets about 7,626
Pan masala about total 55,10 sachets
10.
7294 of
2022
Quash of FIR No. 268 of 2022 of Kachiguda police station, Hyderabad.
3,28,273
20(2)
Illegal selling of
1.Paris Cigarette- 560 boxes
Black cigarettes-13 boxes 3.ESSE lights cigarette-28 boxes 4.Mond cigarette-19 boxes
win cigarettes-12 boxes.
ESSE Gold-2 boxes
7.Ruli river cigarettes-2 boxes 8.Gudang garam cigarettes-6 boxes
Mirage Tobacco-315 packets
Loose tobacco-15 packets
Loose tobacco-39 packets 12.RR ICE lip-24 packets
XL-01-425 packets
SR-1- 51 packets 15.Chaini Tobacco-42 packets
Amber Tobacco-30 packets
swagath tobacco- 50 packets
11.
7318 of
2022
Quash of CC.No.202 of 2022 on the file of the court of Special judicial First Class Magistrate for excise cases at Nampally, Hyderabad.
188,272,
273,328
r/w 511
20(2)
Illegal selling of
1.Paris cigarettes- 7 packets
Meraj tobacco packers-24 sachets 3.SR-1 Tobacco-132 sachets
Sagar Pan Masala-69 sachets
R.R.Pan masala – 35 sachets
R.R. tobacco- 35 sachets
Vimal Pan masala- 12 sachets
pan Bahar 120 mixed sachets-13
24 pan masala 120 mixed sachet 8.
12.
7333 of
2022
Quash of STC.No. 539 of 2020 on the file of the court of Judicial Magistrate
of First Class Bellampalli
270,273
r/w 34
Nil
Illegal selling of
1.25 vimal packets
(51) V-1 packets
(24) Vimal 7 packets
(24) V1-7 packets 5.(32) Pulchap sachets.
13.
7348 of
2021
Quash of C.C.No.3435 of 2022
on the file of the Court of VIII Addl. Chief Metropolitan Magistrate, Hyderabad
272, 273
r/w 511
20(2)
Illegal selling of
1.RR gold tobacco-37 packets 2.RR tobacco-4 packets 3.Swagath Gold tobacco-9 packets
4.Baba 120 mini tobacco-986 packet 5.Baba 120 tobacco-986 pouches
Baba black tin-1 tin.
Ratna tin-1 tin
8.Channi Khaini tobacco-4 packets 9.Black cigarattes-7 boxes
Raja Tobacco-1 Packet
Loose Zarda Gold Packets -Packets
Loose Zarda Gold Packets-1 Packets
13.Loose Zarda Gold Packets -10 Packets
VI Tobacco-100 Packets
Meraj Tobacco- 42 laddis
F-9 Tobacco-2 Bags
SR-1 Tobacco -51 Packets
14.
7490 of
2022
Quash of C.C.No.85 of 2021 on the file of the Court of Judicial Magistrate of First Class, Kortula
270, 273
20(1)
Illegal possession of 1.Amber packets-25
Sagar pan masala packets-10
vimal vimal pan masala-24 packet 4.SR-1- 10 packets
15.
7508 of
2022
Quash of C.C.No.188 of 2021
on the file of the Court of Judicial Magistrate of First
Class, Kortula
270, 273
20(2)
Illegal possession of 1.Amber packets-200
2.Sagar pan masala-50 packets 3.Sitara-60 packets
16.
7509 of
2022
Quash of Crime No.189 of 2021of Dandepalli police
station
270, 273
NIL
Illegally transporting 3 bags banned tobacco
17.
7590 of
2022
Quash of C.C.No.303 of 2022
pending of the file of the Court of Judicial Magistrate
of First Class, Adilabad
270, 273
NIL
Illegal possession/selling of
1.Sri Ganaesh pandarpur-45 pouche 2.Hola tobacco-30 pouches
3.Maaza-108 pouches
18.
7676 of
2022
Quash of C.C.No.478 of 2022
pending on the file of the Court of XXV Metropolitan Magistrate, Cyberabad
270,
272, 273
20(2)
1). Chota Bai Jardha - 20 packets
China Khaini 130 packets
Swagat Tobacco - 378 packets
RR Tobacco Miraj 387 Packets 5.Jumbo Miraj 245 packets 6.Vimal 300 packets
Raj Niwas- 100 packets
Joda Bai - 144 9. Vimal Jardha 300 packets
RR Pan Masala- 65 packets
9000 gutka - 7 packets
Sagar bag- 60 packets
Amber - 40 packets
RK Tobacco 25 packets
19.
7855 of
2022
Quash of CC.No. 265 of 2022 pending on the file of the Court of Judicial Magistrate of First
Class, Narayankhed, Sangareddy.
2,70,272
20(2)
r/w 7(2)
Illegal transporting of
1.3 bags - Jarda ambar
2.5 bags - sagar jarda
20.
7949 of
2022
Quash of CC.No.801
of 2022 pending on the file of the Court of IV Additional Judicial First Class Magistrate at
Warangal.
328 r/w
511 ,
270, 273 r/w 34
NIL
Illegal selling of
1.575 packets of amber tobacco
JK Zardha Tobacco - 150packets
RR Zardha tobacco- 210 packets
Swagath tobacco - 38 packets
21.
7996 of
2022
Quash of CC.No. 1278 of 2022
pending on the file of the Court of Judicial First Class
magistrate( Special Mobile) at Nalgonda.
273 r/w 34
Nil
Illegal selling of
1.RR Tobacco (7) packets
Sagar (6) packets (70 pouches) 3.SR-I (5) packets (70 pouches)
Raja tobacco (2) packets 5.K-900 (01) packet.
22.
8017 of
2022
Quash of CC.No. 1232 of 2020
pending on the file of the Court of the Judicial First Class Magistrate for prohibition & Excise offences at Nalgonda
District.
272,273
r/w 34
20(2)
Illegal selling of
1.55 packets of RR Tobacco
90 packets of blue bull tobacco
20 packets of Sagar gutka
20 packets of S.R-1 Gutka packets
45 packets of Vimal Pan masala
25 packets of RR black packets
50 packets of Raja premiu tobacco.
23.
8035 of
2022
Quash of CC.No. 55 of 2021 pending on the file of the court of Principal Judicial First Class Magistrate at Shadnagar, Cyderabad district.
2,73,420
59(1)
of food safety and standa rds Act
Ilegal selling of
1.vimal Pan masala-17 packets 2.Sugar Gold-7 packets
3.V-1 tobacco 17 packets 4.Miraj -75 sachets
5.Mahababa Zafrani Zarda 5 packets 6.SR-1 (75) sachets
7.Sagar Pan masala 75 sachets 8.Blu chewing tobacco-50 packets 9.Bahubali pan masala-50 packets
Sagar Active one pan masala packets
11.SA-One 6 packets
12.RR Pan masala- 70 sachets
RR Chewing Tobacco- 70 sachets
24.
8088 of
2022
Quash of CC.No.255 of F2021 on the file of the court of Judicial First Class Magistrate at
Utnoor, Adilabad District.
2,70,273
Nil
Illegal selling of
1.Cash gold pan masala with C- tobacco (690) packets
2.M- scened tobacco gold VC chewing tobacco (18) packets
Raj Niwas (3) packets
25.
8124 of
2022
Quash of PRC.No.6 of 2021 on the file of the court of Addl.
Judicial First Class Magistrate at Ramannapet.
272,273,
328
r/w34
NIL
Illegal selling of
1.RR Tobacco- 25 pouches 2.Miraj tobacco- 705 pouches 3.K-9000 tobacco-3600 pouches 4.Raja tobacco-100 pouches 5.Amber tobacco-75 pouches 6.Black tobacco-2 packets 7.Blue Bull tobacco- 35 pouches
Swagath gold-11 9.SR1-5
10.Vimal-10 11.V1 tobacco-180
12.Chaini-15 pouches
RR Gold-50 pouches
Rani-51 pouches.
26.
8139 of
2022
Quash of Cr.No.252/2022 of Mahabubnagar II town Police Station.
420,188,
273
20(2)
Illegal selling of
1.Paris Special filter cigarette – 3 boxes
2.H-10 Filter cigarette-4 bags 3.A-10 filter cigarette-2 bags.
27.
8140 of
2022
Quash of Cr.No.255 of 2022 of Mahabubnagar II
Town Police Station.
420,188,
273
20(2)
Illegal transportation of
Gai chap tobacco packets- 22 bags.
28.
8255 of
2022
Quash of CC.No. 624 of 2019 pending on the file of the Court of Chief Metropolitan Magistrate, Hyderabad.
272,273,
188
NIL
Illegal selling of 1.Golden Zarda 6 pieces
2.Raza Premium tobacco-3 boxes 3.Baba 1220 premium chewin tobacco 2 pieces
4.Baba 160 premium chewin tobacco 2 pieces
Juhi Luxury Zafari Zarda- 2 piece
RR Gold chewing tobacco 10 packets
Baba 160 premium chewin
tobacco – 8 pieces.
29.
8465 of
2022
Quash of CC.No.13048 of
2021 pending on the file of the Court of Chief Metropolitan Magistrate, Hyderabad at
Nampally.
272,273,
188, 336
20(2)
Illegal selling of
1.baba-120 tobacco 3 boxes
Baba 120, 4 small cotton boxes
Baba-120 Tobacco 400g
30.
8467 of
2022
Quash of Cr.No. 236 of 2021 of Dandepalli Police Station, Mancherial
District.
270 r/w
273 r/w 34
NIL
Illegal selling of
Banned tobacco packets- 5 bags
31.
8475 of
2022
Quash of CC.No. 12429 of 2020 on the file of the the court of XVI Additional Chief Metropolitan Magistrate, at Nampally,
Hyderabad.
1,88,420
20(2)
Illegal selling of
1.(12) cartons of P10 cigarettes 2.(03) cartons of Paris cigarettes, 3.(02) cartons of P10 cigarettes.
(486) carton boxes of variou brands of foreign cigarettes
32.
8477 of
2022
Quash of CC.No. 772 of 2022 on the file of the court of I Additional Judicial Magistrate of First class at Jagtial.
279,337,
338,427,
429.
Sec.
(03) of PDPP Act and Sec. 3 r/w
181 of M.V. Act
Illegal selling of 1.Amber bags -15
amber packets -540
Sitara – 50 packets
XL packets -1344
V1 packets -1000
33.
8501 of
2022
Quash of CC.No.2726 of 2022
on the file of the court of I Addl. Judicial First Class Magistrate, Khammam
2,70,273
20(2)
Illegal selling of
1.baba Tobacco tins-10
lakshmi Tobacco packets-21
VIP Tobacco packets-6
vijaya Durga tobacco packets-4
5.J.K. tobacco packet-1
baba Tobacco packet-6
Mirza tobacco packet-110
Amber packets-45
RMD tobacco packets-140
Baba tobacco packets-100
V1 Tobacco packets-70
34.
8502 of
2022
Quash of CC.No. 253 of 2022 on the file of the court of Special Judicial First Class Magistrate for excise cases at Nampally, Hyderabad.
188,272,
273,328
r/w 511 IPC
20(2)
Illegal selling of
1.Paris Cigarettes-49 packets
2.Pan Bahar pan masala-14 sachets 3.Rajinigandha-2 packs
4.V-1 Tobacco 148 sachets
SR-1 Tobacco 132 sachets
Vimal pan masala-102 sachets
Sagar Pan masala-163 sachets 8.Maha baba Zarda 1 pack
Mirage Tambaku 14 packets
RR.Gold 141 sachets
RR pan masala 37 sachets.
35.
8510 of
2022
Quash of CC. No.11657 of 2021
on the file of the court of XVI ACMM Court, Hyderabad
336,272,
273
20(2)
Illegal selling of 1.Baba -120 6 boxes
Baba-160 -1 box 3.Baba 54- 3 boxes
Ratna Tobacco- 3 boxes 5.Shivaji tobacco-3 boxes
Raj Ratan Tobacco special-2 boxes
Ratna tobacco 30 pieces
Loose tobacco packets 6 bi packets
Loose Tobacco packets-13 sma
packets
36.
8511 of
2022
Quash of PRC.No. 341 on the file of the court of VIII Additional Chief Metropolitan Magistrate, Hyderabad.
272,273,
328 r/w 511
20(2)
Illegal selling of
1.RR Gold tobacco- 25 packs 2.SR-1 Gutka-8 packs
3.V-1 Tobacco-5 small size packs 4, Vimal pan masala-3 packs
Meraj Tobacco-12 pouches 6.RR Tobacco-14 pouches
Baba-120 tobacco 1 box
37.
8515 of
2022
Quash of CC.No. 13954 of 2021 on the file of the court of II Additional Chief Metropolitan Magistrate,
Hyderabad.
Nil
20(2)
Illegal selling of
1.Miraj Tobacco 20 bags 2.Baba 120 Tobacco 2 bags 3.Amber Tobacco 12 bags
38.
8518 of
2022
Quash of CC.No.1441 of 2022 on the file of the court of Chief Metropolitan Magistrate, Hyderabad
188,273,
272,336 r/w 34
Nil
Illegal transportation of 1.Amber Tobacco-2 bags 2. Miraj Tobacco-20 bags
V-1 Tobacco-16 bags And
1.RR.Tobacco-15 bags 2.RR Pan masala-08 bags
3.Vimal Pan masala-16 bags
Raja Tobacco-1 bag .
39.
8519 of
2022
Quash of CC.No. 4060 of 2022 on the file of the Chief Metropolitan Magistrate, Hyderabad.
188,272,
273,336
r/w 34
Nil
Illegal transportation of 1.K-9000 -20 packers 2.Sagar-02 bag 3.Sagar Jarda-03 bags 4.Sagar S1 bag
5.RR Pan Masala- 2bags 6.RR Khaini-1 bag
Meeraj 1 bag 8.Vimal -3 bags
40.
8526 of
2022
Quash of Crime No. 26 of 2022 of Makloor Police Station, Warangal.
188,272,
273, 328
r/w 34 IPC
20(2)
Illegal transportation of
No.1 Ambar packets – 4 white bags. 2.RR – Tobaco -4 White bags
JK – 4 bags
Miraj -2 bags
41.
8545 of
2022
Quash of CC.No. 8110 of 2021
pending on the file of the court of VI ACMM Court,
Hyderabad.
188,420,
269
20(2)
Illegal storing and selling of foreign cigarettes
1.Paris cigarettes i.e, 98 boxes
42.
8590 of
2022
Quash of Cr.No.428 of 2022 of Hanumakonda
Police Station.
2,69,273
NIL
Illegal transporting of
Gutka packets and 5 Ambar bags.
43.
8591 of
2022
Quash of Crime No.141 of 2022 of Maddannapet Police Station, Hyderabad,
272,273,
336
20(2)
Illegal selling and illegal storage of 1.RR Gold chewing tobacco-2 packets
Paris cigarettes-19 packets 3.Maha Baba Tobacco-22 pouches. 4.V-1 tobacco-38 packets 5.RR.tobacco-22 packets
6.Mirage super tobacco-2 packets 7.Baba 160-2 packets
8.K-9000-4 packets 9.RR.Pan Masala-2 packets
10.S.R-1 Tobacco-34 packets.
44
8596 of
2022
Quash of Crime No. 421 of 2019 on the file of the court of VI Additional Chief Metropolitan Magistrate, Hyderabad.
270,271,
273
20(1)
(2)
Illegal storage of
1.Pouch packing machines(02) 2.Gutka Bags(16)
3.Tobacco Bags(02) 4.Sagar Gutka Bag (01) 5.MDM Gutka Bag(01)
6.Baba 120 tobacco labels rolls(02)
A-Zarda Bag (01)
Swagath gold Zarda Bag (01)
Blue bull zarda bag (01)
Rajiganda Label rolls (08)
RR Gutka label rolls (20)
Empty packing covers (10)
45.
8604 of
2022
Quash of CC.No.3078 of 2022
on the file of the court of Chief Metropolitan Magistrate at Nampally, Hyderabad.
420
20(2)
Illegal storing and selling of 1.Baba 120- 33 mini boxes 2.Baba Black Tobacco-20 boxes 3.Raj Ratan Qiwam- 2 cartoons
Ratna Tobacco- 5 cartoons 5.Chaini Khaini- 1 bag
Royal 3320 Tobacco- 8 cartoons
UK 3300 Tobacco- 1 cartoon
Juhi Tobacco 2 star-1 cartoon 9.Juhi Tobacco 3 star -35 boxes 10.Ratna Tobacco- 8 boxes 11.Golden Jarda- 4 Cartoons
Mixed tobacco tins- 1 bag
13.Raja Tambaku-1 bag
46.
8611 of
2022
Quash of CC.No. 1169 of 2020 on the file of court of Judicial First Class Magistrate at
Adilabad.
2,70,273
NIL
Illegal transportation of 1.Amber (04) bags.
2.SR-01 Tobacco (06) small bags
V1- tobacco (20) small bags. 4.Ganesh Tobacco (01)
5.RK classic tobacco (02) small bags
47.
8612 of
2022
Quash of CC.No.335 of 2022 on the file of court of Judicial First Class Magistrate, Adilabad.
2,70,273
NIL
Illegal selling of
1.vimal Gutka Small –(09) bags 2.H5 Tobacco small- 09 bags.
Rajnivas tobacco- 03 small bags.
Sagar tobacco- 500 packets
Amber tobacco- 34 packets
Z black Tobacco-11 packets
Sagar Tobacco-80 packets 8.Baba tobacco-10 packets 9.Tota tobacco- 01packet
Mazza tobacco -01 packet
48.
8613 of
2022
Quash of CC.No. 547 of 2021 on the file of court of Judicial First Class Magistrate,
Adilabad.
2,70,273
NIl
Illegal selling of
1.V1 tobacco-08 small bags 2.Vimal panmasala-02 small bags
49.
8614 of
2022
Quash of CC.No. 258 of 2022 on the file of Court of Judicial First Class Magistrate at Adilabad.
2,70,273
Nil
Illegal selling of
1.V1 tobacco-15 packets. 2.Sagar-2 packets.
3.RK.Classic Tobacco – 02 Packets. 4.H5 Tobacco-4 packets.
Big Vimal -02 packets.
Small vimal -02 packets.
H5 Tobacco-02 packets
50.
8627 of
2022
Quash of CC.No.769 of 2022 on the file of the court of Judicial First Class
Magistrate at
4,20,273
20(2)2
4(1)
Illegal selling of 1.Amber packets -12
2.V1 Tobacco packets -370 3.RR Tobacco -50
4.RR pan Masala -10
Suryapet.
5.Zafrani Zarda- 18
6.JK tobacco -34
Blue Bull tobacco -58 8.Banarsi perfumed tobacco -38 9.Sapna Tobacco -25
10.SR-1 Tobacco -70 11.Sagar pan masala -20 12.RR Gold Tobacco -20
13.Swagath gold Tobacco- 18
51.
8639 of
2022
Quash of P.R.C.No.34 of 2021
on the file of the court of Additional Judicial First Class Magistrate at
Mahabubabad.
420,328,
270,273
Nil
Illegal transportation of 50 big amber packets
52.
8680 of
2022
Quash of Crime No. 390/2022 of Saidabad Police Station.
188
5
Illegal transportation of
Raja Tobacco – 7 packets
Sudhakar tobacco – 8 packet
Vimal pan masala 1 bag
V-1 tobacco 1 bag
Sagar Pan Masala – 1 bag
SR-1 Tobacco – 1 bag
53.
8681 of
2022
Quash of Crime No. 197/2022 of Maridepa Police
Station.
270, 273
20(2)
Illegal selling of
Khaini Tobacco packets – 20 bags
54.
8682 of
2022
Quash of CC No. 3489/2022 on the file of the court of V Additional Metropolitan Magistrate, Medchal-Malkajgiri.
188,
270, 272
20(2)
Illegal selling of
SR -1 tobacco – 2184 pouches
V-1 tobacco -6240 pouches.
RR tobacco -2240 pouches
Miraz tobacco -1575 pouches
Amber tobacco – 500 pouches
Chaini Chaini tobacco – 7 pouches
Keshav gold tobacco -136 pouches
Sagar pan masala -2184 pouches
RR pan masala -170 pouches
Vimal Pan masala -624 pouches
Keshav gold pan masala 1350 pouches.
55.
8694 of
2022
Quash of CC No. 1665/2022 on the file of the Court of Judicial First Class
Magistrate, Zaheerabad.
270, 273
20(2)
r/w 7(2)
Illegal transportation of
V1 tobacco – 5 big bags
SR 1 tobacco – 2 big bags
Swagat tobacco – 2 big bags
Raja tobacco – 25 packets
Mirage tobacco – 11 packets
A common submission was made by the learned counsels for the petitioners that this Court through order dated 14.07.2022 in Crl.P.No.9062 of 2021 and batch, while extensively dealing with the provisions of law applicable, has observed that those provisions of law does not attract to the facts of the said cases and as the allegations against the petitioners in these Criminal Petitions are also similar, a similar order may be passed.
Learned Assistant Public Prosecutor also stated the
same.
This Court while dealing with the subject matter in the above referred batch of cases, comprehensively dealt with the law involved by framing the following points for consideration:-
(1) Whether being in possession and having found involved either in transporting or selling the tobacco products like cigarettes, gutka, chaini, etc., attract the provisions of COTP Act, 2003.
(2) Whether the acts of possessing, transporting or selling tobacco products like cigarettes, gutka, chaini, etc attract the provisions of the Indian Penal Code, 1860 more particularly Sections 188, 269, 270, 272,
14
Dr.CSL, J
CrlPNo.6235 of 2022
And batch
273, 278, 328 read with 511, 336, 409 and
420 IPC.
(3) Whether either transporting or selling or possessing tobacco products like cigarettes, gutka, chaini, etc attracts Section 59(1) of Food Safety and Standards Act, 2006.
(4) Whether there exists any justifiable grounds to invoke the power granted to this Court under Section 482 Cr.P.C. and to quash the proceedings that are pending against the petitioners as prayed for.
Answering point No.1, this court in the common order dated 14.07.2022 rendered in Criminal Petition No.9062 of 2021 and batch, gave a clear finding at paras 16 and 17 of the order, which is as follows:-
“16. Though as rightly projected by the learned Assistant Public Prosecutor, the use of cigarettes and allied tobacco products is injurious to health and there is every need to adopt stringent approach for curtailing the said use by the public, to prohibit production, transportation and sale of those products, there is no specific provision in the COTP Act, 2003, which makes such production, transportation and sale of the tobacco products a prohibited offence. At the same time, this Court is not inclined to accept the submission of the learned counsel on record for the petitioners that as Rs.53,750/- crores of revenue is being generated in the country through the sale of tobacco products, the same has to be taken into consideration for disposal of the present criminal petitions. It is not out of place to mention that for treatment of tobacco related diseases, the victims and their families are laying their lives and there are more than eight lakhs causalities every year in the country due to direct or indirect use of tobacco related products which includes cigarettes, chaini, gutkha, etc. Also, it is estimated that loss of productivity due to use of these products is almost Rs.13,500/- crores annually. That means, the revenue generated through the tobacco industry is worthless in the light of the annual causalities and loss of productivity due to use of those products.
Article 47 of the Constitution of India casts a duty upon the State to raise the level of nutrition and the standard of living of its people. It also states that the State should take steps for improvement of public health as the same is its primary duty. It also lays down that the State shall endeavour to bring about prohibition of consumption of intoxicating drinks which are injurious to health. This provision is under Part-IV of the Constitution of India which lays down the Directive principles of State Policy. Basing on the said salutary provision, the legislature by its wisdom ought have framed a stringent legislation which prohibits the transportation, storage and sale of the tobacco products. However, such a legislation has not yet seen the light of the day. The only legislation that is invoked time and again is COTP Act, 2003. The said legislation does not prohibit production, supply and transportation of cigarettes and tobacco products in toto. It says that only when package of the products does not contain the label as prescribed, then the possessors of those products would be held liable for punishment. It further covers the circumstances where the said products are being sold to any person who is below the age of 18 years or that they are sold within a radius of 100 yards from any educational institution. If the possession is otherwise, it does not fall within the ambit of the said legislation. None of the acts alleged to have been committed by the petitioners therefore fit to any of the provisions of the COTP Act, 2003. Therefore, this court holds that the petitioners cannot be held to have committed offences punishable under the provisions of the COTP Act, 2003.”
Answering point No.2, i.e., in respect of the offences punishable under different provisions of the Indian Penal Code, the findings of this Court in the aforesaid common order at para 46 are as under:-
“46. The entire version of the investigating agency is that the petitioners were involved in the business of possessing/transporting/storing/selling of tobacco products like gutka, chaini, etc. There is no whisper that the said products were banned by the competent authority. No legislation is brought to the notice of this court to show that possession of tobacco products viz., gutka and alike and involving in the business of selling those products is banned and committing such acts is declared as disobedience to order duly promulgated by a public servant, or that the acts committed would amounts to public nuisance or those acts are likely to spread infection of disease dangerous to life, or noxious for consumption as food or drink whose sale is prohibited, or that possession of tobacco products makes the atmosphere noxious to health, or there was an attempt to administer those products to any person with an intention to cause hurt, or that those acts amounts to rashly or negligently endangering life or personal safety of others or amounts to criminal breach of trust or cheating. Therefore, the provisions invoked viz., Sections 188, 269, 270, 272, 273, 278, 328 read with 511, 336, 409 and 420 IPC does not attract to the bundle of facts that are projected by the investigating agency.”
Likewise, answering point No.3, with regard to the applicability of Section 59(1) of Food Safety and Standards Act, 2006, this Court discussing the law on the subject at para 52 of the aforesaid common order observed as follows:-
“52. Narcotic and psychotropic substances were kept out of the ambit of the term “food” specifically. It is clearly indicated that they do not fall within the ambit of the term “food”. A food item means a substance intended to be used for human consumption either as a primary food or genetically modified or engineered food. Tobacco products in whatever form they may be, does not therefore fall within the ambit of the term “food”. Therefore, invoking Section 59(1) of the Food Safety and Standards Act, 2006 against the petitioners is undesirable.”
Further more, though the Government of Telangana issued notification vide notification No.501/FSS/I/2022, on 07.01.2022, prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the entire state of Telangana, the Hon’ble Supreme Court of India in the case between Shri Venkateshwara Traders Vs. State of Telangana and others, vide SLA No.20441 of 2021 with SLP(C).No.1656 of 2022, stayed operation of the said notification.
Likewise, a Division Bench of this Court through common order, dated 08.9.2022, rendered in Writ Petition No.20212 of 2022 and batch, at paras 4 to 8 of the order observed as under :-
“4. During pendency of the aforesaid SLP, the impugned notification bearing No.501/FSS-I/2022 dated 07.01.2022 came to be issued. By order dated 31.03.2022, Supreme Court has stayed the impugned notification dated 07.01.2022.
Learned counsel for the petitioners have made a grievance that despite the notification being stayed by the Supreme Court, yet the petitioners are being harassed by the local police authorities by interfering with their day-to-day businesses.
We make it clear that since the entire matter is before the Supreme Court, it would not be proper on our part to have a parallel adjudication as the order of the Supreme Court would be binding on all courts and authorities. Since the Supreme Court has stayed the impugned notification vide the order dated 31.03.2022, respondents shall comply with the said order of the Supreme Court in letter and spirit.
If any of the petitioners feel that the stay order of the Supreme Court has been violated or breached, they would be at liberty to take appropriate steps in accordance with law.
This disposes of the writ petitions.”
Ultimately, a circular Memorandum was issued by the Director General of Police, Telangana State, Hyderabad in RC.No.295/R1-NS/2022, wherein and whereby instructions were issued to the Station House Officers not to interfere with the business activities who carry out the business as per the Rules of the Food Safety and Standards Authority of India and also not to take any coercive measures against the petitioners as long as the orders of the Hon’ble Supreme Court are in force. Further more, as earlier indicated, none of the provisions of law indicated in the respective First Information Reports and the charge sheets apply to the case facts.
So far as Criminal Petition No.8477 of 2022 is concerned, the allegation against the petitioner, who is arrayed as accused No.2, is only that he committed offences punishable under Sections 188, 270 and 273 IPC, which does not attract to the said transaction. Therefore, this Court is of the view that the proceedings against him are unsustainable 14. The petitioner in Criminal Petition No.8596 of 2022, who challenged the proceedings in C.C.No.421 of 2019 that is pending on the file of the Court of I Additional Chief Metropolitan Magistrate, Hyderabad, was alleged to have committed offences punishable under Sections 270, 271 and 273 IPC and Sections 20(1) and 20(2) of COTP Act and also under the provisions of Prohibition of Trade Act. Learned Assistant Public Prosecutor failed to state how the said legislation i.e., Prohibition of Trade Act, applies to the case facts where the allegations against the petitioner is only that he procured gutka, pan masala and other allied tobacco products and kept for distribution.
Therefore, this Court is of the view that continuation of proceedings against the respective petitioners would definitely amount to abuse of process of Court and thus, the proceedings, as prayed for, are liable to be quashed.
Resultantly, all the Criminal Petitions are allowed. The proceedings initiated against the petitioners in the respective cases are hereby quashed. The property and vehicles, if any, seized shall be returned to the lawful claimants by Police or the Court concerned in case, no other proceedings are pending against any other suspects/accused in the respective cases.
As a sequel, pending miscellaneous applications, if any, shall stand closed.