APHC010484032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9607 OF 2025 Between: 1. Lalen Thakur, R/o. Thakur, Aged about 46 years, R/o. Sunil Thathegati Nagar, Patna City Post, Madher Mills Nagar, Patna, Bihar. 2. Sura Satish, S/o. Pullaiah, Aged about 40 years, R/o. D.No.7-16-29/A1, Srinagar, Guntur. ...Petltioners/A-1 & A-2 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi. ...Respondent Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No.497 of 2023, dated 31-10-2023 on the file of Eluru III Town Police Station, Eluru District and direct the Station House Officer, Eluru III Town Police Station to release the seized tobacco products as well as vehicle bearing No. BR-01- GL-5036 to the petitioners. lA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, / the High Court may be pleased to stay all further proceedings of 2023, dated 31-10-2023 on the file of Eluru III Town Police District pending the Criminal Petition before this Hon'ble Court. in FIR No.497 Station, Eluru Counsel for the Petitioners: RAJA REDDY KONETI Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: / V APHC010484032025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) V. [3396] 0^ TUESDAY. THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9607/2025 Between: 1.LALEN THAKUR, R/0. THAKUR, AGED ABOUT 46 YEARS R/0 SUNIL THATHEGATI NAGAR, PATNA CITY POST, MADHER MILLS NAGAR, PATNA, BIHAR. 2. SURA SATISH, S/0. PULLAIAH, AGED ABOUT 40 YEARS, R/0. D.N0.7-16-29/AL, SRINAGAR, GUNTUR. ...PETITIONER/ACCUSED(S) AND 1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor. High Court Buildings, Amaravathi. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S); 1. RAJA REDDY KONETI Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR 2 the honourable dr justice VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9607/2025 ORDER: The iristant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya iMagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings pending against them in FIR No.497 of 2023 on the file of Eluru III Town p.S., Eluru District registered for the offences punishable under Sections 270, 273 of I PC and 20(2) of COTPA and to release the seized tobacco products as well as vehicle bearing No. .BR 01 GL 5036 to the petitioners. Heard Sri Raja Reddy Koneti, learned counsel for the 2. Petitioners/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public prosecutor on behalf of the 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 3. Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019 and also the order dated 20.06.2025 in Crl.P.No.6056 of 2025 passed by a Coordinate Bench of this Court. For ready reference the order passed in Criminal Petition Nos.5421 of 4. 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 exercsmg the power ur,der section 482 Cr.P. c and following the mandate of the Hon'bie Supreme Coud of India in State of Haryana v. Bhajan lal and the judgment Allahabad in M/s.Pepsico India of the High Court of Holdings(Pvt) Ltd, and Another (4 supra). ,s constrained to hold that all the FIRs/cases have been registered under the that provisions of the IPC, FSS Act and the COTPA Act are quashed, leaving it open to them, if they prosecution in respect of the offences so desire to pursue the under the other enactments, if any. The offences under the under the COTPA Act, sections 5, 6 7 Except on these very limited cannot be prosecuted. NDPS Act can be pursued. The offences can only be launched if the police find that the and 10 are not complied with. grounds genuine/legitimate traders It is hoped that copies of the I single Judge In Crl.P.No.3731 of 2018 orders passed by the learned - 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 so that the time and effort of the police state of Andhra Pradesh are devoted to more serious crimes. Whatever be the impact of tobacco products on the health of an individual the law is amended/modified it has or the nation; till to be followed. As held by many Courts earlier; it may be hard, but it is the law. With the above observations, allowed." the criminal petitions are 5. Hence, following the said Orders Petition Nos.5421 of 2019 consideration of the facts and ci passed by this Court in Criminal and batch, dated 18.12.2019 and taking into circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioners/Accused Nos.1 4 and 2, in FIR No.497 of 2023 on the file of Eluru III Town P.S., Eluru District registered for the offences punishable under Sections 270, 273 of IPC and 20(2) of COTPA. As the offences quashed, the tobacco products and the vehicle seized in connection with the Crime shall proper identification and under acknowledgement. registered against the petitioners are bearing No.BR 01 GL 5036 be returned to the petitioners on As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K SRINIVASA RAJU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Eluru 111 Town Police Station, Eluru, West Godavari District. 2. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 3. Two CC’s to the Public [OUT] 4. Three CD Copies Prosecutor, High Court of Andhra Pradesh GPC VNA y HIGH COURT DATED: 16/09/2025 \ ORDER CRLP NO. 9607 OF 2025 o' g 2 SEP 2025 m Current Seeiion '^7/ ■k ALLOWING THIS CRIMINAL PETITION