Madras High CourtCRL OP/285/2022dismissed

Hari Niwas Sharma v. The State Rep By

2022-01-07Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Friday, the Seventh day of January Two Thousand Twenty Two PRESENT The Hon`ble Mrs Justice T.V.THAMILSELVI CRIMINAL ORIGINAL PETITION No.285 of 2022 1 HARI NIWAS SHARMA [ PETITIONERS / ACCUSED ] 2 KAMARAJ 3 PANCHRM SINGH Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, CR NO.627/2021.

For Petitioner : M/S.R.THIRUMOORTHY Advocate For Respondent : MR.N.S.SUGANTHAN, Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- (The case has been heard through video conference) The petitioners who were arrested and remanded to judicial custody on 29.11.2021 for the offences under Sections 294(b), 353, 506(ii), 328 I.P.C. r/w 24(1), 6 of Cigarette and other Tobacco Products Act 2003, in Crime No.627 of 2021, on the file of the respondent police seek bail.

2. The case of the prosecution is that on 29.11.2021, when the respondent police officials was on routine check up of vehicles near Vellavedu Bazaar, on the way from Tiruvallur to Poonamalle, one mini lorry of Swaraj Mazda bearing Reg. No. UP80CT 6628 and one Tata 407 vehicle bearing Reg. No. UP80FT 0846, the petitioners were illegally transporting Tobacco Jarda parcel containing banned Tobacco products. Hence, the complaint.

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3.The learned counsel for the petitioners would submit that the petitioners are no way connected with the alleged offence and they have been falsely implicated in this case and that they have been suffering incarceration for more than 35 days from 29.11.2021 and hence, he would pray for grant of bail to the petitioners. 4.The learned Government Advocate (Crl. Side) would raise strong objection stating that the petitioners were illegally transporting 3600 Kg of banned tobacco products which is worth about Rs. 19 lakhs. He would further submit that the petitioners are belongs to U.P state and that the investigation is not completed.

5. On seeing the quantity of contraband involved in this case and that the investigation is not completed, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

-sd/- 07/01/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE INSPECTOR OF POLICE, VELLAVEDU POLICE STATION, THIRUVALLUR DISTRICT.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.R.THIRUMOORTHY Advocate on payment of necessary charges CRL OP.285/2022 Date :07/01/2022 TA-20/01/2022 https://hcservices.ecourts.gov.in/hcservices/