NAOREM JUGIN Vs. STATE OF ASSAM

JUDGEMENT

(1.) Mr. Naorem Jugin and Mr. Sapam Samarendro Singh have preferred this petition for bail under Section 439 of the Code of Criminal Procedure, 1973 in Jagiroad Police Station Case No.832/2019 under Section 379 of the Indian Penal Code, 1860 read with Section 20 of COTPA Act, 2003.

(2.) Contention of learned counsel for the petitioners is that petitioners are driver and handyman of the bus from which certain recoveries were made. It has been stated that the petitioners have been accused of committing offence 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, hereinafter referred to as "the Act of 2003". It has been pleaded that even if the accusations are considered to be true, it cannot be seen that the petitioners have committed the offence. So far Section 379 of IPC is concerned, no such offence has been committed as would be evident from the reading of the FIR.

(3.) Section 20 of the Act of 2003 reads as follows :