APHC010485782025 IN THE HIGH COURT OF ANDHRA AT AMARAVATI PRADESH 0S TUESDAY, THE SIXTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI CRIMINAL PETITION NO: %41 OF SEPTEMBER PRATAPA Between: 1. Kamal Tiwari (correct years, C/o. Ram Nivas, 28/53 1st Floor, Chennai, Tamilnadu State. 2. Gelli Venkata Naga Jagadeesh Babu. about 46 years, R/o. 13-2-61 Nellore District name Kamal Kishor), S/o. Kamal, Aged about 56 Nammalvar Street, Sowcarpet, S/o. Venkata Subbaiah Panathulavari Street, Nellore aged SPSR ...Petitioners/A5 to A6 The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Coud Buildings, Amaravathi. AND ...Respondent Petition under Section 482 of Cr.P.C., and 528 of BNSS, praying that in he arcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the 2025 of Kovur Police Station, House Officer, Kovur Police Station, * seized tobacco products to the petitioners. proceedings in FIR No. 11 of SPSR Nellore District and direct the Station SPSR Nellore District to release the 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 in stay all further proceedings in FIR No. 11 of 2025 of Kovur Police Station, Nellore District pending the Criminal Petition before this Hon'ble Court. SPSR Counsel for the Petitioners: Sri Raja Reddy Koneti, Advocate Counsel for the Respondent: The Public Prosecutor, High Court of A.P. The Court made the following order: ) APHC010485782025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] 0?? TUESDAY. THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 9641/2025 Between: 1.KAMAL TIWARI CORRECT NAME KAMAL KISHOR. S/0. KAMAL, AGED ABOUT 56 YEARS, C/0. RAM NIVAS, 28/53 1ST FLOOR, NAMMALVAR STREET, SOWCARPET, CHENNAI, TAMILNADU STATE. 2.GELLI VENKATA NAGA JAGADEESH BABU, S/0. VENKATA SUBBAIAH, AGED ABOUT 46 YEARS, R/0. 13-2-61, PANATHULAVARI STREET, NELLORE, SPSR NELLORE DISTRICT ...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: 964112025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr,P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioners/Accused Nos.5 and 6, seeking quashment of the proceedings pending against them in FIR No. 11 of 2025 of Kovvur Police Station, SPSR Nellore District registered for the offences punishable under Sections 275, 125, 318(4), 338, 336(3), 340(2) of BNS and Sections 20(1) and 20(2) and 2(a)(4) of COTPA and to release the seized tobacco products to the petitioners. 2. Heard Sri Raja Reddy Koneti Petitioners/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. learned counsel for the 3. 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 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. 3 4. For ready reference the order passed in 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 Holdlngs(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 allowed. ” are 5. Hence, in view of the said Order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, and taking into consideration of the facts and circumstances of the case, this criminal petition 4 is allowed by quashing the proceedings against the Petitioners/Accused and 6, in FIR No. 11 of 2025 of Kovvur Police Nos.5 Station, SPSR Nellore District registered for the offences punishable under Sections 275, 125, 318(4), 338, 20(1) and 20(2) and 2(a)(4) of COTPA. 336(3), 340(2) of BNS and Sections As the offences registered products seized in connection with the Crime shall be petitioners, on proper identification and against the petitioners are quashed, the tobacco returned to the under acknowledgement. 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, Kovur Police Station, SPSR Nellore District. 2. One CC to Sri Raja Reddy Koneti, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of A.P. [OUT] 4. Three CD Copies GPC vna HIGH COURT DATED: 16/09/2025 ORDER CRLP NO. 9641 OF 2025 <? Oi 2 SEP 2025 a: m Current Seeiion ^ ALLOWING THIS CRIMINAL PETITION