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Judgment
Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein (A1 & A3), seeking to quash the proceedings in CC No.386 of 2026 on the file of the learned First Additional Senior Civil Judge, Vijayawada, Krishna District, for the offences punishable under Sections 270 and 273 of the Indian Penal Code, 1860.
Heard learned counsel for the petitioners and Sri K.Sandeep, learned Assistant Public Prosecutor, appearing for the Respondent-State.
It is submitted by the learned counsel for the petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Crl.P.No.2966 of 2021 & Batch dated 28.12.2021 and the Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, wherein this Court held as follows:
“But as far as the present cases are concerned, this Court by exercising the power under section 482 Cr.P.C and following the mandate of the Hon’ble Supreme Court of India in State of Haryana v. Bhajan lal and the judgment of the High Court of Allahabad in M/s.Pepsico India Holdings(Pvt) Ltd., and Another (4 supra), is constrained to hold that all the FIRs/cases that have been registered under the provisions of the IPC, FSS Act and the COTPA Act are quashed, leaving it open to them, if they so desire to pursue the prosecution in respect of the offences under the other enactments, if any. The offences under the NDPS Act can be pursued. The offences under the COTPA Act, can only be launched if the police find that the sections 5, 6 7 and 10 are not complied with. Except on these very limited grounds genuine/legitimate traders cannot be prosecuted. It is hoped that copies of the orders passed by the learned single Judge in Crl.P.No.3731 of 2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh through out the state of Andhra Pradesh so that the time and effort of the police are devoted to more serious crimes. Whatever be the impact of tobacco products on the health of an individual or the nation; till the law is amended/modified it has to be followed. As held by many Courts earlier; it may be hard, but it is the law. With the above observations, the criminal petitions are allowed.”
Hence, following the Order dated 18.12.2019 passed by this Court in Criminal Petition Nos.5421 of 2019 and Batch, and taking into consideration of the facts and circumstances of the case, this Criminal Petition is allowed by quashing the proceedings against the petitioners herein (A1 to A3) in CCC No.386 of 2026 on the file of the learned First Additional Senior Civil Judge, Vijayawada, Krishna District.
Interlocutory applications, if any, pending shall stand closed.