Lakeshwar Sahu vs State Of Chhattisgarh on 23 July, 2026

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    Chattisgarh High Court

    Lakeshwar Sahu vs State Of Chhattisgarh on 23 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                       CGHC010397612025                                      2026:CGHC:31397-DB
    
                                                                                                NAFR
    
                                     HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                   CRMP No. 2885 of 2025
    
                       1 - Lakeshwar Sahu S/o Shri Kamlesh Sahu Aged About 30 Years R/o Bana,
                       P.S. Urla, Raipur, District Raipur, Chhattisgarh
    
    
                       2 - Dayashankar Banjare S/o Santosh Banjare Aged About 20 Years R/o
                       Lodhipara, P.S. Pandari, Raipur, District Raipur, Chhattisgarh
                                                                                         ... Petitioners
    
                                                            versus
    
                       State Of Chhattisgarh Through The Station House Officer, Police Station
                       Devendra Nagar, District Raipur (C.G.)
                                                                                        ... Respondent

    (Cause title taken from Case Information System)

    For Petitioners : Mr. Dhiraj Kumar Wankhede, Advocate

    SPONSORED

    For Respondent/State : Mr. Soumya Rai, Deputy Govt. Advocate

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge
    Order on Board
    Per Ramesh Sinha, Chief Justice

    23/07/2026

    VED

    1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioners
    PRAKASH
    DEWANGAN

    Digitally signed
    as well as Mr. Soumya Rai, learned Deputy Govt. Advocate for the
    by VED
    PRAKASH
    DEWANGAN
    Date:
    2026.07.27 respondent/State.

    17:43:09 +0530
    2

    2. By way of the present petition filed under Section 528 of the Bharatiya

    Nagarik Suraksha Sanhita, 2023, the petitioners have called in question

    the legality and validity of FIR bearing Crime No. 41/2025 registered at

    Police Station Devendra Nagar, Raipur for the offences punishable

    under Sections 4 and 21(1) of the Cigarettes and Other Tobacco

    Products (Prohibition of Advertisement and Regulation of Trade

    and Commerce, Production, Supply and Distribution) Act, 2003

    (hereinafter referred as ‘COTPA Act, 2003’), the consequential charge-

    sheet (Challan No. 31/2025 for the offence under Sections 4 and 21(1)

    of the COTPA Act, 2003, the order dated 28.03.2025 passed by the

    learned Judicial Magistrate First Class, Raipur taking cognizance, and

    all consequential criminal proceedings of Criminal Case No. 13563 of

    2025 pending before the learned Judicial Magistrate First Class, Raipur.

    3. The present petition under Section 528 of Bharatiya Nagarik Suraksha

    Sanhita, 2023 has been filed by the petitioners with the following prayer:

    “(1) That this Hon’ble Court may kindly be pleased
    to quash and set-aside the impugned FIR dated
    09.02.2025, registered against petitioners bearing
    Crime No. 41 of 2025 (impugned FIR is part of
    impugned Final Report, bearing Challan No. 44 of
    2025, certified copy filed as Annexure P/1),
    registered at Police Station Devendra Nagar,
    District Raipur, for the offences punishable under
    Sections 4A and 21(1) of the Cigarettes and Other
    Tobacco Products (Prohibition of Advertisement
    and Regulation of Trade and Commerce,
    Production, Supply and Distribution) Act, 2003.

    3

    (2) That this Hon’ble Court may further kindly be
    pleased to quash and set-aside the impugned
    Final Report, bearing Challan No. 44 of 2025
    dated 19.03.2025 (Annexure P/1), filed against the
    petitioners, before Learned JMFC, Raipur, arising
    out of the impugned FIR No. 41/2025, for the
    offence punishable under Sections 4A and 21(1) of
    the Act, 2003.

    (3) That this Hon’ble Court may further kindly be
    pleased to quash and set-aside the impugned
    order dated 28.03.2025 vide which the Learned
    Judicial Magistrate First Class, Raipur, has taken
    cognizance of the offences punishable under
    Section 4A and 21(1) of the Act, 2003, against the
    petitioners, and also directed for the registration of
    case before Court. This Hon’ble Court may further
    kindly be pleased to quash/set aside the
    sequential proceedings (order sheets), passed in
    the Criminal Case No. 13563 of 2025.

    (4) This Hon’ble Court be further pleased to pass
    such other orders as it may deem fit under the
    facts and circumstances of the case, in favour of
    the petitioners against the respondent.”

    4. The facts, in brief, are that on the basis of a secret information received

    by Police Station Devendra Nagar, Raipur, a raid was conducted on

    09.02.2025 at the Watch Press Complex, Blinkit Dark Store, Devendra

    Nagar Raipur, Raipur, where certain hookah-related materials, including

    hookah pipes, papers and flavours, valued at ₹15,000/- and electronic

    devices like computer, laptop, etc. amounting to ₹1,50,000/- (total

    amounting to ₹1,65,000/-) were seized. At the relevant time, petitioner
    4

    No.1 was working as the Deputy Manager and petitioner No.2 as a

    Delivery Boy in the said establishment. On the allegation that the seized

    articles were being illegally stored and supplied, FIR bearing Crime

    No.41/2025 was registered against the petitioners on 09.02.2025 for the

    offences punishable under Sections 4 and 21(1) of the COTPA Act,

    2003. Upon completion of investigation, the police filed charge-sheet

    (Challan No. 44/2025 for the offence under Section 4 and 21(1) of the

    COTPA Act, 2003), whereupon the learned Judicial Magistrate First

    Class, Raipur, by order dated 28.03.2025, took cognizance of the

    aforesaid offences. Aggrieved thereby, the petitioners have preferred the

    present petition seeking quashment of the FIR, charge-sheet, the order

    taking cognizance and all consequential criminal proceedings.

    5. Learned counsel for the petitioners submits that the petitioners are

    merely employees of Blinkit Company, petitioner No.1 being the Deputy

    Manager and petitioner No.2 being a Delivery Boy, and had no

    ownership, control or knowledge regarding the hookah-related articles

    seized from the dark store. It is contended that the seized articles were

    only stored in packed condition for logistics and delivery purposes and

    that the petitioners were neither operating nor running any hookah bar.

    He would submit that, although the charge sheet has been filed under

    Sections 4 and 21(1) of the COTPA Act, 2003, but the provisions of

    COTPA Act has been amended and Sections 4A and 21A has been

    inserted by the Cigarettes and Other Tobacco Products (Prohibition

    of Advertising and Regulation of Trade and Commerce, Production,

    Supply and Distribution) (Chhattisgarh Amendment) Act, 2021, Act

    No. 1 of 2023 w.e.f. 10.02.2023 (hereinafter referred as ‘COTPA
    5

    Amendment Act, 2021‘). Referring to Sections 4A and 21A of the

    COTPA Amendment Act, 2021, learned counsel submits that the said

    provisions prohibit the opening or running of a hookah bar and do not

    criminalize the mere storage or delivery of hookah-related materials. It is

    further argued that even if the allegations contained in the FIR and the

    material collected during investigation are accepted in their entirety, no

    offence under the aforesaid provisions is made out against the

    petitioners. It is, therefore, submitted that continuation of the criminal

    proceedings would amount to an abuse of the process of law, warranting

    exercise of the inherent jurisdiction of this Court under Section 528 of

    the Bharatiya Nagarik Suraksha Sanhita, 2023, for quashing the

    impugned FIR, charge-sheet, order taking cognizance and all

    consequential proceedings.

    6. Per contra, learned State counsel opposes the petition and submits that

    the FIR was registered on the basis of credible information regarding

    illegal storage and supply of hookah-related materials from the Blinkit

    dark store. It is contended that during the raid, hookah-related articles

    were seized from the premises where petitioner No.1 was working as

    the Deputy Manager and petitioner No.2 as the Delivery Boy, and since

    the petitioners failed to produce any valid documents authorizing the

    storage of such articles, a prima facie case for the offences punishable

    under Sections 4 and 21(1) of the COTPA Act, 2003 (Sections 4A and

    21A of the COTPA Amendment Act, 2021) was found to be made out. It

    is further submitted that, after due investigation, charge-sheet has

    already been filed and the learned Judicial Magistrate First Class has

    taken cognizance of the offences. According to the learned State
    6

    counsel, the allegations disclose the commission of cognizable offences

    and the issues raised by the petitioners involve disputed questions of

    fact which are matters of trial. It is, therefore, submitted that no case is

    made out for exercise of the inherent jurisdiction of this Court under

    Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the

    petition deserves to be dismissed.

    7. We have heard learned counsel for the parties and considered their rival

    submissions made hereinabove and also went through the records with

    utmost circumspection.

    8. Considering the facts of the present case, the question arises here as to

    whether the allegations contained in the FIR and the material collected

    during investigation, even if accepted in their entirety, constitute the

    offences punishable under Sections 4 and 21(1) of the COTPA Act, 2003

    (Sections 4A and 21A of the COTPA Amendment Act, 2021). It is

    necessary here to take notice of relevant provisions of Sections 4 and

    21(1) of the COTPA Act, 2003 and Sections 4A and 21A of the COTPA

    Amendment Act, 2021, which reads as under:-

    Sections 4 and 21(1) of the COTPA Act, 2003

    “4. Prohibition of smoking in a public place.-

    No person shall smoke in any public place:

    Provided that in a hotel having thirty rooms or a
    restaurant having seating capacity of thirty
    persons or more and in the airports, a separate
    provision for smoking area or space may be
    made.

    7

    21. Punishment for smoking in certain
    places.-

    (1) Whoever contravenes the provisions of
    section 4 shall be punishable with fine which may
    extend to two hundred rupees.

                     Sections    4A    and      21A   of   the   COTPA
                     Amendment Act, 2021)
    
    

    4A. Prohibition of hookah bar -Notwithstanding
    anything contained in this Act, no person shall,
    either on his own or on behalf of any other
    person, open or run any hookah bar or serve
    hookah to customers in any place including the
    eating house.

    Explanation.-The term “eating house” means any
    place where food or refreshment of any kind are
    provided for visitors, and sold for consumption.

    21A. Punishment for running hookah bar.–

    Whoever contravenes the provisions of section
    4A shall be punishable with imprisonment which
    may extend to three years but which shall not be
    less that one year and with fine which may extend
    to fifty thousand rupees but which shall not be
    less than ten thousand rupees.

    9. The allegations against the petitioners are not in dispute. The

    prosecution case itself is that the petitioners were working as Deputy

    Manager and Delivery Boy, respectively, in the Blinkit dark store from

    where hookah-related articles were seized. There is no allegation in the

    FIR, seizure memo or charge-sheet that the petitioners had opened,

    established, managed or were running any hookah bar, or that the
    8

    premises in question was being used for serving hookah for

    consumption by customers. Rather, the allegations merely indicate that

    hookah-related materials were found stored in the dark store of Blinkit.

    10. Section 4 of COTPA Act, 2003 and Section 4A of the COTPA

    Amendment Act, 2021 specifically prohibits any person from opening or

    running a hookah bar in any place including an eating house. Section

    21(1) of COTPA Act, 2003 and Section 21A of the COTPA Amendment

    Act, 2021 merely prescribes the punishment for contravention of Section

    4 of COTPA Act, 2003 and Section 4A of the COTPA Amendment Act,

    2021 respectively. Thus, the essential ingredient of the offence is the

    opening or running of a hookah bar. Mere possession, storage or

    transportation of hookah-related accessories, in the absence of any

    allegation that the accused was operating or facilitating a hookah bar,

    does not satisfy the ingredients of the offence. The prosecution has not

    placed any material to show that hookah was being served or consumed

    at the premises or that the petitioners were operating any hookah bar.

    Consequently, even if the entire prosecution case is accepted as true,

    the ingredients of Sections 4 and 21(1) of the COTPA Act, 2003

    ( Sections 4A and 21A of the COTPA Amendment Act, 2021) are

    conspicuously absent.

    11. In R.P. Kapur v. State of Punjab, AIR 1960 SC 866, the Supreme Court

    held that inherent powers can be exercised where the allegations in the

    complaint or FIR, even if accepted in their entirety, do not constitute the

    offence alleged. The said principle continues to govern the exercise of

    inherent jurisdiction under Section 482 Cr.P.C., now Section 528 of the
    9

    Bharatiya Nagarik Suraksha Sanhita, 2023. In para 6 of the judgment,

    the Hon’ble Supreme Court has held as under:-

    “6. Before dealing with the merits of the appeal it
    is necessary to consider the nature and scope of
    the inherent power of the High Court under
    Section 561-A of the Code. The said section
    saves the inherent power of the High Court to
    make such orders as may be necessary to give
    effect to any order under this Code or to prevent
    abuse of the process of any court or otherwise to
    secure the ends of justice. There is no doubt that
    this inherent power cannot be exercised in regard
    to matters specifically covered by the other
    provisions of the Code. In the present case the
    Magistrate before whom the police report has
    been filed under Section 173 of the Code has yet
    not applied his mind to the merits of the said
    report and it may be assumed in favour of the
    appellant that his request for the quashing of the
    proceedings is not at the present stage covered
    by any specific provision of the Code. It is well-
    established that the inherent jurisdiction of the
    High Court can be exercised to quash
    proceedings in a proper case either to prevent the
    abuse of the process of any court or otherwise to
    secure the ends of justice. Ordinarily criminal
    proceedings instituted against an accused person
    must be tried under the provisions of the Code,
    and the High Court would be reluctant to interfere
    with the said proceedings at an interlocutory
    stage. It is not possible, desirable or expedient to
    lay down any inflexible rule which would govern
    the exercise of this inherent jurisdiction. However,
    10

    we may indicate some categories of cases where
    the inherent jurisdiction can and should be
    exercised for quashing the proceedings. There
    may be cases where it may be possible for the
    High Court to take the view that the institution or
    continuance of criminal proceedings against an
    accused person may amount to the abuse of the
    process of the Court or that the quashing of the
    impugned proceedings would secure the ends of
    justice. If the criminal proceeding in question is in
    respect of an offence alleged to have been
    committed by an accused person and it
    manifestly appears that there is a legal bar
    against the institution or continuance of the said
    proceeding the High Court would be justified in
    quashing the proceeding on that ground. Absence
    of the requisite sanction may, for instance, furnish
    cases under this category. Cases may also arise
    where the allegations in the first information
    report or the complaint, even if they are taken at
    their face value and accepted in their entirety, do
    not constitute the offence alleged; in such cases
    no question of appreciating evidence arises; it is a
    matter merely of looking at the complaint or the
    first information report to decide whether the
    offence alleged is disclosed or not. In such cases
    it would be legitimate for the High Court to hold
    that it would be manifestly unjust to allow the
    process of the criminal court to be issued against
    the accused person. A third category of cases in
    which the inherent jurisdiction of the High Court
    can be successfully invoked may also arise. In
    cases falling under this category the allegations
    made against the accused person do constitute
    offence alleged but there is either no legal
    11

    evidence adduced in support of the case or
    evidence adduced clearly or manifestly fails to
    prove the charge. In dealing with this class of
    cases it is important to bear in mind the distinction
    between a case where there is no legal evidence
    or where there is evidence which is manifestly
    and clearly inconsistent with the accusation made
    and cases where there is legal evidence which on
    its appreciation may or may not support the
    accusation in question. In exercising its
    jurisdiction under Section 561-A the High Court
    would not embark upon an enquiry as to whether
    the evidence in question is reliable or not. That is
    the function of the trial Magistrate, and ordinarily it
    would not be open to any party to invoke the High
    Court’s inherent jurisdiction and contend that on a
    reasonable appreciation of the evidence the
    accusation made against the accused would not
    be sustained. Broadly stated that is the nature
    and scope of the inherent jurisdiction of the High
    Court under section 561-A in the matter of
    quashing criminal proceedings and that is the
    effect of the judicial decisions on the point (vide :

    In Re : Shripad G. Chandavarkar, Jagat Chandra
    Mozumdar V. Queen
    empress, Shanker singh
    (Dr) V. State of punjab, Nripendra Bhusan Ray V.
    Gobind bandhu Majumdar and Ramanathan
    Chettiyar v. K. Sivarama Subrahmanya Ayyar
    )”

    12. The scope of interference by the High Court while exercising its inherent

    jurisdiction is no longer res integra. In State of Haryana v. Bhajan Lal,

    1992 Supp (1) SCC 335, the Hon’ble Supreme Court illustratively held

    that criminal proceedings deserve to be quashed where the allegations

    made in the FIR, even if taken at their face value and accepted in their
    12

    entirety, do not prima facie constitute any offence or where the

    uncontroverted allegations and the material collected fail to disclose the

    commission of any offence. The present case squarely falls within the

    said categories.

    13. In Pepsi Foods Ltd. v. Special Judicial Magistrate, (1998) 5 SCC 749,

    the Supreme Court observed that summoning an accused in a criminal

    case is a serious matter and criminal law cannot be permitted to be set

    into motion as a matter of course. Courts are duty-bound to ensure that

    the allegations disclose the commission of an offence before permitting

    criminal prosecution to continue.

    14. The Hon’ble Supreme Court in the matter of Manoj Kumar Sharma and

    others v. State of Chhattisgarh and others, 2016 (9) SCC 1, has held

    that-:

    “35. While discussing the scope and ambit of
    Section 482 of the Code, a similar view has been
    taken by a Division Bench of this Court in Rajiv
    Thapar v. Madan Lal Kapoor
    wherein it was held
    as under: (SCC pp. 347-49, paras 29-30)

    29. The issue being examined in the instant
    case is the jurisdiction of the High Court
    under Section 482 CrPC, if it chooses to
    quash the initiation of the prosecution
    against an accused at the stage of issuing
    process, or at the stage of committal, or
    even at the stage of framing of charges.

    These are all stages before the
    commencement of the actual trial. The
    same parameters would naturally be
    13

    available for later stages as well. The
    power vested in the High Court under
    Section 482 CrPC, at the stages referred to
    hereinabove, would have far-reaching
    consequences inasmuch as it would negate
    the prosecution’s/complainant’s case
    without allowing the prosecution/
    complainant to lead evidence. Such a
    determination must always be rendered
    with caution, care and circumspection. To
    invoke its inherent jurisdiction under
    Section 482 CrPC the High Court has to be
    fully satisfied that the material produced by
    the accused is such that would lead to the
    conclusion that his/their defence is based
    on sound, reasonable, and indubitable
    facts; the material produced is such as
    would rule out and displace the assertions
    contained in the charges levelled against
    the accused; and the material produced is
    such as would clearly reject and overrule
    the veracity of the allegations contained in
    the accusations levelled by the
    prosecution/complainant. It should be
    sufficient to rule out, reject and discard the
    accusations levelled by the prosecution/
    complainant, without the necessity of
    recording any evidence. For this the
    material relied upon by the defence should
    not have been refuted, or alternatively,
    cannot be justifiably refuted, being material
    of sterling and impeccable quality. The
    material relied upon by the accused should
    be such as would persuade a reasonable
    person to dismiss and condemn the actual
    14

    basis of the accusations as false. In such a
    situation, the judicial conscience of the
    High Court would persuade it to exercise its
    power under Section 482 CrPC to quash
    such criminal proceedings, for that would
    prevent abuse of process of the court, and
    secure the ends of justice.

    30. Based on the factors canvassed in the
    foregoing paragraphs, we would delineate
    the following steps to determine the
    veracity of a prayer for quashment raised
    by an accused by invoking the power
    vested in the High Court under Section 482
    CrPC:

    30.1. Step one: whether the material relied
    upon by the accused is sound, reasonable,
    and indubitable i.e. the material is of
    sterling and impeccable quality?

    30.2. Step two whether the material relied
    upon by the accused would rule out the
    assertions contained in the charges
    levelled against the accused i.e. the
    material is sufficient to reject and overrule
    the factual assertions contained in the
    complaint i.e. the material is such as would
    persuade a reasonable person to dismiss
    and condemn the factual basis of the
    accusations as false?

    30.3. Step three: whether the material
    relied upon by the accused has not been
    refuted by the prosecution/complainant;

    and/or the material is such that it cannot be
    15

    justifiably refuted by the prosecution/
    complainant?

    30.4. Step four: whether proceeding with
    the trial would result in an abuse of process
    of the court, and would not serve the ends
    of justice?

    30.5. If the answer to all the steps is in the
    affirmative, the judicial conscience of the
    High Court should persuade it to quash
    such criminal proceedings in exercise of
    power vested in it under Section 482 CrPC.

    Such exercise of power, besides doing
    justice to the accused, would save precious
    court time, which would otherwise be
    wasted in holding such a trial (as well as
    proceedings arising therefrom) specially
    when it is clear that the same would not
    conclude in the conviction of the accused.”

    15. Likewise, in Neeharika Infrastructure Pvt. Ltd. v. State of

    Maharashtra, (2021) 19 SCC 401, while cautioning that the power of

    quashing should be exercised sparingly, the Hon’ble Supreme Court

    simultaneously reiterated that where the allegations in the FIR do not

    disclose the commission of any cognizable offence, or where the

    essential ingredients of the alleged offence are absent, the High Court

    would be justified in exercising its inherent jurisdiction to prevent abuse

    of the process of law. It has been held that :-

    “13. The power of quashing criminal proceedings
    has to be exercised very sparingly and with
    circumspection and that too in the rarest of rare
    cases and the court cannot be justified in
    16

    embarking upon an enquiry as to the reliability or
    genuineness or otherwise of allegations made in
    the FIR/complaint, unless the allegations are so
    patently absurd and inherently improbable so that
    no prudent person can ever reach such a
    conclusion. The extraordinary and inherent powers
    of the Court do not confer an arbitrary jurisdiction
    on the Court to act according to its whims or
    caprice. However, the Court, under its inherent
    powers, can neither intervene at an uncalled for
    stage nor can it “soft-pedal the course of justice” at
    a crucial stage of investigation/proceedings. The
    provisions of Articles 226, 227 of the Constitution of
    India and Section 482 of the Code of Criminal
    Procedure, 1973 (hereinafter called as “CrPC“) are
    a device to advance justice and not to frustrate it.
    The power of judicial review is discretionary,
    however, it must be exercised to prevent the
    miscarriage of justice and for correcting some
    grave errors and to ensure that stream of
    administration of justice remains clean and pure.
    However, there are no limits of power of the Court,
    but the more the power, the more due care and
    caution is to be exercised in invoking these powers.
    (Vide State of W.B. v. Swapan Kumar Guha, Pepsi
    Foods Ltd. v. Special Judicial Magistrate
    , G. Sagar
    Suri v. State of U.P.31
    and Ajay Mitra v. State of
    M.P.
    32)”

    16. Applying the aforesaid settled principles to the facts of the present case,

    this Court finds that the allegations in the FIR and the material collected

    during investigation merely disclose recovery of hookah-related articles

    from a Blinkit dark store where the petitioners were admittedly

    employees. There is no allegation or material suggesting that the
    17

    petitioners had opened or were running a hookah bar or that the

    premises was being used for serving hookah to customers. Therefore,

    the foundational ingredients required for attracting Sections 4 and 21(1)

    of COTPA Act, 2003 (Sections 4A and 21A of the COTPA Amendment

    Act, 2021) are wholly absent. Continuation of the criminal proceedings in

    such circumstances would amount to permitting prosecution despite the

    absence of the basic ingredients of the alleged offence, which would

    constitute an abuse of the process of the Court.

    17. Accordingly, the present petition deserves to be and is hereby allowed.

    The FIR bearing Crime No. 41/2025 registered at Police Station

    Devendra Nagar, Raipur, for the offences punishable under Sections 4

    and 21(1) of the COTPA Act, 2003, the consequential charge-sheet

    (Challan No. 44/2025 for the offence under Sections 4 and 21(1) of the

    COTPA Act, 2003), the order dated 28.03.2025 passed by the learned

    Judicial Magistrate First Class, Raipur taking cognizance thereof, and all

    consequential criminal proceedings of Criminal Case No. 13563 of 2025

    pending before the learned Judicial Magistrate First Class, Raipur are

    hereby quashed.

    18. No order as to costs.

                           Sd/-                                         Sd/-
                (Ravindra Kumar Agrawal)                           (Ramesh Sinha)
                          Judge                                      Chief Justice
    ved
     



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