LAWS(APH)-2021-3-74

MANNURU HAREEH Vs. STATE OF ANDHRA PRADESH

Decided On March 24, 2021
Mannuru Hareeh Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) A Crime in F.I.R No.248 of 2019 has been registered in Buchireddypalem Police Station, Nellore District against the petitioner under Sections 328, 272, 273 of IPC and Section 59 (i) of Food Safety and Standards (FSS) Act, 2006 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.