AI Structured Summary
Not yet generated for this judgment
Judgment
Ninala Jayasurya, J
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent.
The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.141 of 2022 on the file of Nekarekal Police Station, Palnadu District, registered for the offences punishable under Sections 272, 273 of the Indian Penal Code, 1860, Section 5(1) read with 20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, and consequently direct the concerned Police to return the property seized in connection with the Crime.
The learned counsel for the petitioners while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.8.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners.
The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed in Criminal Petition No.3731 of 2018 and batch, dated 27.8.2018.
This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that the Police have suo motu registered the Crime against the petitioners in this case.
Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in Crime No.141 of 2022 on the file of Nekarekal Police Station, Palnadu District. As the offences registered against the petitioners are quashed, the tobacco products and seized in connection with the Crime shall be returned to the petitioners, on proper identification and acknowledgement. Miscellaneous applications, pending if any, shall stand closed.