Pola Laxmi Narsaiah v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K,LAKSHMAN CRIMINAL PETITION NO: s216 OF 2021 Between:
Pola Laxmi Narsaiah, S/o. IVusalaiah, Aged about. 60 years, Occ. Business, Prakasham Bazar, Nalgonda, District Telangana.
...Petitioner
AND The State of Telangana, represented by the Public Prosecutor, High Court Hyderabad. Through Police Station Nakrekal.
... Res ponde nUComplainant Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the l\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the Petitioner in Crime. No 1Bl of 2021, on the file of Police Station Nakrekal, Nalgonda for the alleged offences Uls 273 lPC,2O(2) COTP Act.
l.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the It/emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest and appearance of the Petitioners in Crime. No.'1 81 ol 2021, on the file of Police Station Nakrekal, Nalgonda pending disposal of the Criminal Petition in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Srinivas Reddy Balakisti, Advocate for the Assistant Petitioner and the Assistant Public Prosecutor on behalf of the Respondbnt.
The Court made the following: ORDER
THE HON'BLE SRI JUSTICE K. LAKSHMAN CRIMINAL PETITION No.5216 OF 2O2L ORDER:
This petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.1B1 of 2O2l pending on the file of Nakrekal Police Station, Nalgonda District. The petitioner herein is accused No.2 in the said crime. The offences alleged against him are under Section - 273 of IPC and Section 20 (2) 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') 2.
Heard Mr. Srinivas Reddy Balakisti, learned counsel for the petitioner and the learned Assistant Fublic Prosecutor appearing on behalf of respondent - State.
3.
This Court, by common order dated 05.O7.2021 in Crl.P. No.152 of 2O2O and batch, has extensively dealt with the issue covered in the present criminal petition observing that transportation, possession, storage, sale and purchase of tobacco products are not totally banned in the State of Telangana and, therefore, it cannot be said that offences und€fSections - 269,270,27 1,272 and 273, 328,336 and 42O of IPC are attracted to the petitioners therein.
4.
Concerning provisions of Section - 20 of COTP Act, in the said common order, this Court also observed that the said provision deals with punishment for failure to give specified warning and nicotine and tar contents. But, in the complaints I cLrarge sheets therein, there is no allegation against the petitioners therein that they were carrying on trade or commerce in contraband or any other tobacco products without label and specified warning on the said products. In view of the same, the contents of the complaints / charge sheets lack the ingredients of Section - 20 (2) of the COTP Act. Even, there is no allegation that the seized products do not contain labels with statutory warning. Observing so, this Court held that registering the crimes for the said offence against the petitioners therein is contrarl,' to Section - 20 (2) of COTP Act,
5. In the present case also, the allegations against the petitioner are that he was selling the prohibited tobacco products to the shop owners and the contents of the complaint do not attract the ingredients of offences under Section - 273 of IPC and Section - 20 (2) of COTP Act and, therefore, the proceedings against the petitioner in the above crime are also liable to be quashed.
6.
The present Criminal Petition is accordingly allowed quashing the proceedings in Crime No.187 of 2O2l pending on the file of Nakrekal Police Station, Nalgonda District, against the petitioner - accused No.2.
7.
Since the proceedings are quashed against the petitioner in the above crime, the Station House Officer, Nakrekal Police Station, is hereby directed to return the seized property to the petitioner on proper identification and verification of ownership under due acknowledgment. As a sequel, miscelianeous petitions, if any, pending in the criminal petition shall stand closed.
I SD/. I.NAGALAKSHMI ASSISTANT REGISTRAR //TRUE COPY// \.,-, SECTION OFFICER To
1. The Judicial First Class Magistrate, at Nakrekal, Nalgonda District.
2. The Station House Officer, Nakrekal Police Station, Nalgonda District.
3. Two CCs to the Assistant Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]
4. One CC to Sri Srinivas Reddy Balakisti, Advocate tOpUCl
5. Two CD Copies
6. One Spare Copy IVIMK GJ
HIGH COURT DATED:09 10712021 6E T r € Joo 23 Jut20t1 I * DSSr-,At
ORDER
,.i CRLP.No.5216 of 2021 ALLOWING THE CRIMINAL PETITION .,'/)'t