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Madras High CourtCRL OP/6059/2023dismissed

Shahul @ Shahul Hameed v. State Rep.By

2023-03-17Honourable Mr Justice A.D.Jagadish Chandira2 pages

Crl.O.P.No.6059 of 2023 Crl.O.P.No.6059 of 2023 A.D.JAGADISH CHANDIRA, J., The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 6(4) of TN Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) EC Act, 1955, in Crime No.7 of 2023, on the file of the respondent, seeks anticipatory bail. 2.The case of the prosecution is that during the relevant point of time, the petitioner along with other accused have transported 11,440 kgs (26 x 440) of PDS rice in a Tata Ultra Lorry bearing registration No.KA 19 AC 7198 without valid license. Hence, the Law Enforcing Agency registered a case against the petitioner.

3.The learned counsel appearing for the petitioner submits that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution and he has been falsely implicated in this case. Hence, he prayed for grant of anticipatory bail to the petitioner. 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.6059 of 2023 A.D.JAGADISH CHANDIRA,J.

gbi 4.The learned Government Advocate (Criminal Side) appearing for the respondent police raised objection stating that if the petitioner is released on anticipatory bail he may try to tamper the witnesses and hamper investigation. 5.The submissions made by the learned Counsel on either sides are considered.

6. Considering the gravity of offence committed by the petitioner, the quantity of contraband involved in this case, shows that the petitioner committed offence not only against the state, it is as against the poor and needy people. Hence, considering the fact that the investigation is pending, this Court is not inclined to grant anticipatory bail to the petitioner. 7.Accordingly, this Criminal Original Petition is dismissed. gbi 17.03.2023 Crl.O.P.No.6059 of 2023 2/2 https://www.mhc.tn.gov.in/judis