OM PRAKASH 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.6486 of 2020 pending on the file of XVI Additional Chief Metropolitan Magistrate at Hyderabad. The petitioner herein is sole accused in the said crime. The offences alleged against him are under Sections - 188, 271, 272 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. Nand Kishore Yadav, learned counsel for the petitioner 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.