AMIN NARSINGANI 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.3 of 2020 pending on the file of Judicial Magistrate of First Class, Utnoor, Adilabad District. The petitioners herein are accused nos.1 to 3 in the said crime. The offences alleged against them are under Section 20 (2) read with 7(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. Azim Parbatani, 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 Section 20 (2) COTP Act deals with punishment for failure to give specified warning and nicotine and tar contents. But, in the complaints / charge sheets therein, there is no allegation against the petitioners therein that they were carrying on trade or commerce in contraband or any other tobacco products without label and specified warning on the said products. In view of the same, the contents of the complaints / charge sheets lack the ingredients of Section - 20 (2) of the COTP Act. Even, there is no allegation that the seized products do not contain labels with statutory warning. Observing so, this Court held that registering the crimes for the said offence against the petitioners therein is contrary to Section - 20 (2) of COTP Act.