KANTA PRATHAP Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) A Crime in F.I.R No.27 of 2021 has been registered in Buchireddypalem Police Station, Nellore District against the petitioner under Sections 328, 272, 273 of IPC and Sections 22, 23 r/w 5 (i) of Cigarettes and Other Tobacco Products (COTPA) Act on the ground that the petitioner was caught in possession of tobacco and tobacco products.

(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. Persons, who are facing such cases, have been approaching this Court for relief.

(3.) In Crl.P.No.5421 of 2019 and batch dated 18.12.2019, a learned Single Judge of this Court had held that tobacco does not fall within the definitions of "food" and as such, registration of Crime under the Food Safety and Standards Act, 2006 is not permissible.