S.Babu v. Inspector Of Police

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(3), 14(1)(a) of TN Scheduled Commodities [RDCS] Order, 1982 and 7(1)(a)(ii) of Essential Commodities Act, 1955, in Crime No.28 of 2023, seeks anticipatory bail.

2. The case of the prosecution is that on 12.09.2022 based on the secret information received by the respondent police, they found that the petitioner was illegally transporting 1500 kgs of PDS rice (30 bags x 50 kgs) worth Rs.8,475/-, without obtaining any permission or license from the Tamil Nadu State Government. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Additional Public Prosecutor for the respondent would submit that the petitioner was illegally transporting 1500 kgs of PDS rice (30 bags x 50 kgs) worth Rs.8,475/-, without obtaining any permission or license from the Tamil Nadu State Government. He would further submit that the petitioner has four previous cases similar in nature. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account the nature of offence and the submissions of either sides, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

10.03.2023 jas

A.D.JAGADISH CHANDIRA, J.

jas 10.03.2023