APHC010548382025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10651/2025 Between: 1. SURESH GAGAN KUMAR, S/O SURESH.P AGE 24 YEARS , OCC. DRIVER OF THE VEHICLE , R/O DASANAPURA HOBLI, MADANALAYAKANAHALLI MADAVARA POST, BANGOIRE, KARNATAKA STATE.PIN562123 2. KRISHNA ALIAS KRISHNA MURTHY, S/O SANTHOSH KUMAR, AGE32 YEARS R/O HOUSE NO.92,HARASAPPA PROVISION STORES, JANATA COLONY MADANALAYAKANAHALLI MADAVARA POST, BANGOIRE, KARNATAKA STATE.PIN562123 3. NAMBURI SUBBARAO GUPTA, S/O VENKATA SUBBARAO , AGE 50 YEARSR/O BEHIND OF GMR CHURCH , DUNNAPOTULA BAZAAR, VUYYUR TOWN, KRISHNA DISTRICT, ANDHRA PRADESH-521165. 4. MURALIKKKRISHNA, S/O BALA RATNAM , AGE 47 YEARS R/O HOUSE NO. 16-19-253, ANJANEYA SWAMY TEMPLE, OLD GUNTUR TOWN, GUNTUR DISTRICT. A.P. PIN 522501 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE SHO OLD GUNTUR P.S GUNTUR DISTRICT, REP,BY ITS PUBLIC PROSECUTOR. HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. SHIK KARIMULLA, S/O NAGUL MEERA,AGE35 YEAR O/O M.R.O OFFICE, PONNUR ROAD,GUNTUR GUNTUR DISTRICT, ANDHRA 2 PRADESH ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in F.I.R No. 301 /2025 dated 09-10-2025 at Old Guntur P.S, In Guntur District, sections 7(1) and 20(2) COTPA 2003 against the petitioners/accused persons 1 to 4 subsequently direct the concerned Police station to return the tobacco property which was sized, along with vehicle bearing No.KA52B3879 in connection with in F.I.R No. 301 /2025 dated 09-10-2025 and pass IA NO: 1 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 dispense with the proceedings in f.i.r No. 115 /2025 dated 11-09-2025 at Vijayawada I town P.S, in NTR Commissionerate and the petitioner did not obtain the certified copies of the said F.I.R No. 115 /2025 dated 11-09-2025 ,and hence filed the photo copy of the same and the same may be dispense with against the petitioner /accused and pass IA 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 grant stay all further proceedings in F.I.R No. 115 /2025 dated 11-09-2025 at Vijayawada I town P.S, in NTR against till the Commissionerate petitioner /accused disposal of main quash petition in the interest of the justice, and pass Counsel for the Petitioner/accused(S): 1. D KASI RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10651/2025 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.1 to 4, seeking quashment of the proceedings pending against him in FIR No.301 of 2025 of Old Guntur Police Station, Guntur District, registered for the offences punishable under Sections 7(1), 20(1) of COTPA and subsequently direct the concerned police station to return the tobacco property which was sized along with vehicle bearing No.KA52B3879. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioners/Accused Nos.1 to 4 and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. It is submitted by the learned counsel for the Petitioner 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. 4 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 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.” 5. Hence, in view of the said Common 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 5 Petition is allowed by quashing the proceedings against the Petitioners/ Accused Nos.1 to 4, in FIR No.301 of 2025 of Old Guntur Police Station, Guntur District, registered for the offences punishable under Sections 7(1), 20(1) of COTPA. As the offences registered against the petitioner are quashed, the tobacco property which was sized along with vehicle bearing No.KA52B3879 in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025 SNI 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10651/2025 Dated.15.10.2025 SNI 99