¥ APHC010542982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI 0?? WEDNESDAY, THE FIFTEENTH DAY OF TWO THOUSAND AND TWENTY FIVE PRESENT the honourable dr justice VENKATA JYOTHIRMAI CRIMINAL petition NO: 10582 OF onoK OCTOBER PRATAPA Between: Perla Hari Prasad, S/o. Radha Krishna, - Vasavi Market, Vijayawada town, Krishna District. age 71 years. Shop No. 27 ...Petitioner/Accused AND The State of Andhra Pradesh, Through the SHO of Vijayawada I Town PS, NTR Commissionarate„Rep. by its Public Prosecutor, High Court of Andhra Pradesh At Amaravathi. ...Complainant/Respondent Petition filed under Section 528 of BNSS, Circumstances stated in the Memorandum of Grounds High Court may be pleased to quash dated 11-09-2025 at Vijayawada against the petitioner/accused, subsequently direct the concerned police rNo’ 11^^' ““ * FIR No. 115 of 2025 dated 11-09-2025. praying that in the of Criminal Petition, the the proceedings in FIR No. 115 of 2025 I Town PS. in NTR Commissionerate, / / 7 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 grant Stay of all further proceedings F.I.R No. 115 of 2025 dated 11-09-2025 at Vijayawada I Town P.S, in NTR Commissionerate against petitioner/ accused. / ■y / t. Counsel for the Petitioner: SRI D.KASI RAO Counsel for the Respondent: PUBLIC PROSECUTOR The Court made the following Order: APHCOI'0542982025 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: 10582/2025 Between: 1.PERLA HARI PRASAD, S/0 RADHA KRISHNA AGE 71 YEARS SHOP NO. 27, VASAVI MARKET,VIJAYAWADA TOWN, KRISHNA DISTRICT. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through the SHO of Vijayawada town PS NTR Commissionarate, Rep,by its Public Prosecutor High Court of Andhra Pradesh At 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 Courtpleased to quash the proceedinghs in FIR no. 115/2025 dated 11-09-2025 at Vijayawada I town PS., in NTR Commissionerate, against the petitioner/accused, subsequently direct the concerned police station, to return the tobacco property which was sized in connection with FIR No. 115/2025 dated 11-09-2025 and pass lA 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 ’oe 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 against the petitioners /accused and pass lA NO: 2 OF 2025 2 \ “ 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 High Court may be pleased to grant Stay of all further proceedings F I R No 115 /2025 dated 11-09-2025 at Vijayawada I town PS Commissionerate against petitioner /accused and pass the in NTR against the petitioner /accused Counsel for the Petitioner/accused: 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10582/2025 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 F.I.R.No.115 of 2025 on the file of the Vijayawada I Town Police Station, for the offences punishable under Sections 275 BNS, 20(2) of COTPA. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioner 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. 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 iai and the judgment of the High Court of T 4 Allahabad in M/s.Pepsico India (4 supra), is constrained to hold have been registered under the and the COTPA Act, so desire to pursue the Holdings(Pvt) Ltd., and Another that all the FIRs/cases that provisions of the IPC, FSS Act are quashed, leaving it open to them, if they prosecution in respect of the offences under the other enactments, if any. The offences NDPS Act can be pursued. The offences under the under the COTPA Act, the sections 5, 6 7 Except on these very limited can only be launched if the police find that and 10 are not complied with. 7 grounds genuine/legitimate traders cannot be prosecuted. It is hoped that copies of the orders single Judge in Crl.P.No.3731 of 2018 passed by the learned and batch and this order are mdely circulated by the Director General of Police and the Chief Secretary of the Slate of Andhra Pradesh State of Andhra Pradesh through out the 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 the law is amended/modified it has or the nation; till to be followed. /\s 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, in view of the said Common Order Criminal Petition Nos.5421 of 2019 passed by this Court in and taking case, this Criminal proceedings against on the file of the Vijayawada I punishable under Sections 275 BNS, and batch, dated 18.12.2019, and circumstances of the into consideration of the facts Petition is allowed by quashing Petitioner/Accused, in F.I.R.No.115 of 2025 Town Police Station, for the offences the the 20(2) of COTPA. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer, Vijayawada I Town PS., in NTR Commissionerate, Krishna District. 2. One CC to Sri D.Kasi Rao, Advocate [OPUC] 3. Two GO’S to the Public Prosecutor, High Court of Andhra Pradesh. [OUT] 4. Three CD Copies GPC vna \ \ \ HIGH COURT \ \ \ DATED: 15/10/2025 \ ORDER CRLP NO. 10582 OF 2025 *r 0 3 NOV 2025 / «9 S'*. ijrrentSectiwiXV ALLOWING THIS CRIMINAL PETITION