MOHD ABDUL UMER 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.1051 of 2018 pending on the file of IV Special Judicial First Class Magistrate for Mobile Judge at Nizamabad. The petitioners herein are accused Nos.1 to 4 in the said calendar case. The offences alleged against them are under Sections - 188, 270, 273 and 420 of I.P.C. 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.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 - 269, 270, 271, 272 and 273, 328, 336 and 420 of IPC are attracted to the petitioners therein.