1 APHC010510592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10022/2025 Between: 1. KOTHA SRINADH, S/O. KOTHA RAMA RAO, AGED ABOUT 31 YEARS, R/O.D.NO.5-6-59/29/4,RAJIV SHARMA NAGAR, BEHIND SOWMYA THEATRE,CHITTINAGAR, VIJAYAWADA URBAN, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court Buildings, Amaravathi ...RESPONDENT/COMPLAINANT 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 Courtmay be pleased to quash the proceedings in FIR.No.384 of 2025 on the file of the Vijayawada II Town Police station, NTR Commissionerate District as against the petitioner herein and direct the Station House Officer, Vijayawada II Town Police station, NTR Commissionerate District to release the seized tobacco products to the petitioner 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 filing of the certified copy of the 2 complaint/FIR in FIR.No.384 of 2025 on the file of the Vijayawada II Town Police station, NTR Commissionerate District 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 pleased to stay all further proceedings in FIR.No.384 of 2025 on the file of the Vijayawada II Town Police station, NTR Commissionerate District pending the Criminal Petition before this Hon'ble Court in the interest of justice. Counsel for the Petitioner/accused: 1. RAJA REDDY KONETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10022/2025 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 Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.384 of 2025 of Vijayawada II Town Police Station, NTR Commissionerate, registered for the offences punishable under Sections 275 of BNS and Sections 20(2) of COTPA and to release the seized tobacco products to the petitioner. 2. Heard Sri Raja Reddy Koneti, learned counsel for the Petitioner/Accused 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. 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: 4 “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 Petition is allowed by quashing the proceedings against the Petitioner/Accused, in FIR No.384 of 2025 of Vijayawada II Town Police 5 Station, NTR Commissionerate, registered for the offences punishable under Sections 275 of BNS and Sections 20(2) of COTPA. As the offences registered against the petitioner are quashed, the tobacco products seized 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: 25.09.2025 UPS 6 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10022/2025 Dated.25.09.2025 UPS 130