Shankar Naik v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO:56 85 0F 2021 Betureen:
Shankar Naik, s/o Megya Naik, Aged about 2g years, occ: Driver H.No.2-2-4g9l8, beside Navya School, Ahberpet ietSnganaAND ...PET|T|ONER The State of relanoana. Rep. the pubric. prosecutor, High court rerangana at Hyderabad, Throuj'h p.S Ar.irberpet, UvOera-OaO. '- ' Petton under Sect on 482 of Cr.p.Crrr, ", ;::,::ilT:::::::: :::l in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings against the petitioners in crime No.237lzo21, on the file of P.S. Amberpet, Hyderabad for the alleged offences U/s 1gB, 272,27A,32g ttw 511 IPC 20(2) of COTP Act.
l.A. NO: 2 OF 2021 Petition under Section 482 oI cr.P.c praying that in the circumstances stated in the ltrlemorandum of Grounds of criminal petition, the High court may be pleased to direct the court below to return tobacco material and vehicle bearing registration No. TS 08 FJ 5560 Mahindra Logen seized from the petitioner in connection with crime No.237 of 2021 , on the file of P.s. Amberpet, Hyderabad forthwith immediately pending disposal of the Crl.P. in the interest of justice. l.A. NO: 3 OF 2021 Petition under Section 482 ot cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased stay all further proceedings including appearance of the petitioner in crime. No. 23712021 , on the file of P.S. Amberpet, Hyderabad pending disposal of the Crl.p. 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 Petitioner and the Assistant Public prosecutor on behalf of the Respondent.
The Court made the following: ORDER I
THE HON,BLE SRI JUSTICE K' LAKSHMAN CRIMINAL PETITION No'5685 OF 2O21 ORDER:
This Petition is filed under Section - 482 ol the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.237 of 2O2l pending on the fi'1e of Amberpet Police Station' Hyderabad.
The Petitioner herein is sole accused in the said crime. The offences alleged against him are under Sections - 188, 272, 273' 328 read with 511 of IPC and Section 20 (2\ of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce,Production,supplyandDistribution)Act,2003 (for short 'COTP Act')'
2.
Heard Mr' Srinivas Reddy Balakisti' learned counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of respondent - State'
3.
This Court, by common order dated O5'O7 '2021 in Cri'P' No.152 of 2O2O and batch' has extensively dealt with the issue covered in the present criminar petition observing that storage, sale and Purchase of transPortation, Possesslon'
totallY banned in the State of tobacco Products are not it cannot be said that offences Telangana and, therefore'
;
I
under Sections - 269, 270, 27 1,272 and 273, 328,336 and 420 of IPC are attracted to the petitioners therein. 4.
As far as section - 188 IPC is concerned, this Court further observed in the said common order that the law is well settled on the subject that before an accused is charged, there must be an order duly promulgated by the public servant; the public servant must have the lawful authority to promulgate the order; the person flouting the same should have knowledge about the order directing him to abstain from the act; he must disobey the said order with the knowledge; and such disobedience of the duiy promulgated order should cause a danger to the human life, etc. By observing so, this Court held that the offence under Section - 188 of IPC did not attract to the petitioners therein. Now, coming to the case on hand also, the complaint lacks the ingredients of the said I offence against the petitioner herein.
5.
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 charge 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 contrary to Section - 20 (2) of COTP Act, l
6. In the present case also, the allegations against the petitioner are that he was selling the prohibited tobacco products and the contents of the complaint do not attract the ingredients of offences under Sections - 188, 272, 273' 328 i ..^a with 511 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'
7.
The pre.sent Criminal Petition is accordingly allowed in terms of the common order dated 05'07 '2021 in Crl'P'No'152 of 2O2O and batch and the proceedings in Crime No'237 of 2021 pending on the file of Amberpet Police Station' Hyderabad, against the petitioner - accused are hereby quashed.
\\ J 8.
Since the proceedings quashed against the petitioner in the above crime, the Station House Officer, Amberpet Police Station, Hyderabad, 1S hereby directed to return the seized property to the petitioner on proper identification and verification of ownership under due acknowledgment.
As a sequel, miscellaneous petitions, if any, pending in the criminal petition shal1 stand closed.
SD/. I.NAGA LAKSHMI ASSISTANT REGISTRAR \ /iTRUE COPY// \ SECTION OFFICER To, The lV Additional Chief Metropolitan Magistrate at Nampally' Hyderabad 1.
ThestationHouseofficer,AmberpetPoliceStation,Hyderabad. 2.
Two CCs to Public Prosecutor' High Court for the State of Telangana at 3.
Hvderabad. (OUT) 3'""., #i; S';Sririivas Reddy Balakisti, Advocate [OPUC] 4.
k Two CD CoPies One SPare CoPY obr-(f ul
IIGH COURT DATED: 231071202'l 6€ fe:
STA oor) 29 Ju[Eel Cl .\ -k Drc.rA.:r rl
ORDER
CRLP.No.5685 of 2021 ALLOWING THE CRL.PETITION \ i 1>-