VAKATI SRINIVASULU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner is accused in Crime No.235 of 2017 of Kavali II Town Police Station, SPSR Nellore District for the offences under Sections 353, IPC and Section 58 of the Food Safety & Standards Act, 2006 on the ground that the petitioner was in possession of tobacco and tobacco products stored in the house of the petitioner.

(2.) The cases are being booked against persons, who are found to be either storing or transporting tobacco and tobacco products, in the State of Andhra Pradesh. The persons, who are facing such cases, have been approaching this Court for relief.

(3.) In W.P.No.3731 of 2018 and batch dated 27.08.2018, a learned Single Judge of this Court had held that the police would not have jurisdiction to initiate or investigate any offences punishable under the provisions of the Food Safety and Standards Act, 2006. The learned Single Judge had also held that transport or storage of tobacco and tobacco products would not constitute an offence punishable under Sections 270 to 273 of IPC.