KOTA TIRUPATHI PATRO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in F.I.R. No.26 of 2020 of Ichapuram Rural Police Station, Srikakulam District registered for the offences punishable under Sections 270 and 273 of the Indian Penal Code, 1860 and Sections 20(2), 22(B) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTP Act').

(2.) The case of the petitioner/A2 is that on 09.02.2020 at about 6:00 P.M. while the Police were conducting vehicle check at Jagannadhapuram Check Post in Ichapuram Mandal found that the driver of the luggage auto bearing No.OD 07 AB 6126 Bajaj Auto was trying to escape on seeing the Police. On enquiry he revealed that he purchased the auto contains prohibited items of gutka and Tobacco products which were purchased from the petitioner/A2 with an intention to sell the same. Basing on the same the present crime was registered for the above offences in which the petitioner is arrayed as A2. Hence, the present criminal petition is filed seeking quash of the above said F.I.R.

(3.) Heard Sri N.Viswanath, learned counsel for the petitioner and learned Public Prosecutor for the State.