APHC010617492025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY, THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 11912/2025 Between: 1. AMARA BALAKRISHNA, S/O. PRASADA RAO,AGED ABOUT 40 YEARS, R/O. HARE RAMA BAZAAR,LAYERPET, ONGOLE TOWN, PRAKASAM DISTRICT 2. BOLISETTY SRINU ALIAS SRINU, S/O. VEERESWARA RAO,AGED ABOUT 40 YEARS, R/O. KARAVADI TOWN AND MANDAL,PRAKASAM 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. YANAGUNURU SHASHANK Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court Made the Following Order: The instant criminal petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short „BNSS‟) has been filed by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings pending against them in Crime No.215 of 2023 of Ongole I Town Police Station, Prakasam District registered for the offences punishable under Sections 20(2), 2(a)(iv) of COTPA. 2. Heard Sri Y.Shashank, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 2 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. 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.” 3 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 Petitioners/Accused Nos.1 and 2, in Crime No.215 of 2023 of Ongole I Town Police Station, Prakasam District, for the offences punishable under Sections 20(2), 2(a)(iv) of COTPA. Pending applications, if any, shall stand closed. ___________________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date : 18.11.2025 ASR 4 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.11912 of 2025 Dt.18.11.2025 ASR