LAWS(TLNG)-2021-7-120

DANDU NITHISH KUMAR Vs. STATE OF TELANGANA

Decided On July 16, 2021
DANDU NITHISH KUMAR Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) This petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.101 of 2019 pending on the file of Chandanagar Police Station, Cyberabad. The petitioner herein is the sole accused in the said crime. The offences alleged against him are under Sections - 188, 420, 273 of IPC and 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. M.A.K. Mukheed, 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 - 269, 270, 271, 272 and 273, 328, 336 and 420 of IPC are attracted to the petitioners therein.