SHABEER MOINUDDIN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in C.C.No.2643 of 2019 pending on the file of X Additional Chief Metropolitan Magistrate at Secunderabad. The petitioners herein are accused nos.1 to 5 in the said crime. The offences alleged against them are under Sections - 271, 273, 188 and 336 read with 34 of IPC & Section 20 (2) 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.) Heard Mr. Gajanand Chakravarthi, learned counsel for the petitioners and the learned Assistant Public Prosecutor appearing on behalf of respondent - State.

(3.) This Court, by common order dated 05.07.2021 in Crl.P. No.152 of 2020 and batch, has extensively dealt with the issue covered in the present criminal petition observing that transportation, possession, storage, sale and purchase of tobacco products are not totally banned in the State of Telangana and, therefore, it cannot be said that offences under Sections - 273 of IPC & Section 7 (5) and Section 20 (2) are attracted to the petitioners therein.