DIVISIONAL CHIEF EXECUTIVE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitions are filed under Section 482 Cr.PC for quashing the proceedings in S.T.Nos' 3819/2017 and 3056/2016 on the files of the Judicial First Class Magistrate Court, Thrissur-1 and on the files of the Judicial First Class Magistrate Court, Kunnamkulam. The petitioner herein is the second accused and the allegation against him is that he committed an offence punishable under Section 20 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. The proceedings against the petitioner is sought to be quashed on the ground that the petitioner is shown as the accused in the case not by his name but by his official capacity as the Divisional Chief Executive of the Tobacco Division of M/s. ITC Ltd. The Company has not been impleaded. This Court had earlier considered the very same prayer of the petitioner in Crl.MC No.6587/2019 and vide order reported in 2019 (4) KLT 257 [Divisional Chief Executive, Tobacco Division, ITC Ltd. v. State of Kerala], and by a detailed order quashed the proceedings as against the petitioner. The facts and the allegations against the petitioner are similar. In view of the decision taken by this Court in 2019 (4) KLT 257, the very same order will have to be passed in these cases as well.

(2.) In the result, the entire proceedings as against the petitioner in S.T.Nos' 3819/2017 and 3056/2016 on the files of the Judicial First Class Magistrate Court, Thrissur-1, and on the files of the Judicial First Class Magistrate Court, Kunnamkulam, shall stand quashed under Section 482 Cr.PC and the petitioner/second accused is discharged.