1 APHC010546672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10640/2025 Between: 1. NARAKADAMILLI MANI KANTA KUMAR GUPTA, S/O. VENKATESWA RAO, AGE 29 YEARS. CASTE VYSYA, MULAPADU VILLAGE, PENUGONDA MANDAL, WEST GODAVARI, AP. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Rep. By its Public Prosecutor, High Court of A.P., Amaravati, Through Station House Officer, Patamata Police Station, Vijayawada City, Krishna District. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1. PATHI SIVA PRASAD Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant petition under Section 528 of the BNSS has been filed, by the Petitioner/Accused, seeking quashment of the proceedings against him in C.C.No.3312 of 2024 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Vijayawada, for the offence under Section 20(2) of the COTPA. 2. Heard Sri Pathi Siva Prasad, 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 2 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: “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, following the said Orders 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 C.C.No.3312 of 2024 on the file of the Court of IV Additional Chief Metropolitan Magistrate, Vijayawada, for the offence under Section 20(2) of the COTPA. As the offence registered against the petitioner is quashed, the 3 tobacco products in connection with the case shall be returned to the petitioner, on proper identification and under acknowledgement. Pending applications, if any, shall stand closed. _________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 14.10.2025 Asr 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10640 of 2025 Dt.14.10.2025 Asr