S.Sarfaras Ali v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Wednesday, the Eleventh day of May Two Thousand Twenty Two PRESENT The Hon`ble Mr Justice A.A.NAKKIRAN CRIMINAL ORIGINAL PETITION No.10976 of 2022 1 S.SARFARAS ALI [ PETITIONERS/ ACCUSED ] 2 I.NAZIR AHAMED 3 H.ARFAZ KHAN Vs THE STATE REP BY [ RESPONDENT ] THE FOREST RANGE OFFICER, FOREST RANGE OFFICE, GUMMIDIPOONDI.

(S.T.O.R.NO.2/2022) For Petitioner : M/S.S.VINOTH KUMAR Advocate For Respondent : MR.A.GOPINATH,Govt. Advocate ( Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- The petitioners were arrested by the respondent on 10.04.2022 for the alleged offence punishable under Sections 36A, 36E, 41, 49A, 51 of TNFA, 1882 and under Section 3 and 4 of Tamil Nadu Sandal Wood Traffic Rules, 1967 and Section 3 of Tamil Nadu Sandal Wood Possession Rules, 1917, in S.T.O.R.No.2 of 2022 on the file of respondent police, seek bail.

2. The case of the prosecution is that, the petitioners were illegally smuggled sandal woods about 95 numbers in their Hyundai Car bearing Regn. No. KA-09-Z-1220 weighing about 45 Kg and worth about 4.5 lakhs and transported them from Karnataka to Tamil Nadu. Hence the complaint.

3. Learned counsel for the petitioners would submit that they are innocent and they have not committed any offence as alleged by the prosecution. He would further submit that the petitioners are https://hcservices.ecourts.gov.in/hcservices/

suffering incarceration from 10.04.2022 and they are ready to abide by any stringent conditions that may be imposed on them by this Court. Hence, prays for grant of bail to the petitioners.

4. Learned Government Advocate (Crl. Side) would vehemently oppose stating that there are totally three accused involved in this case. He would further submit that the petitioners belong to Karnataka and they smuggled sandal wood from Andhra Pradesh to Tamil Nadu. They have smuggled 47 Kgs of sandal wood which is worth about Rs.4,57,000/-.The respondent police have so far recovered Rs.1,51,520/- from the petitioners.

5.Considering the fact that the contraband involved in this case is very huge and also considering the nature of offence involved in this case, this Court is not inclined to grant bail. 6.This Criminal Original Petition stands dismissed accordingly. -sd/- 11/05/2022 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 FOREST RANGE OFFICER, FOREST RANGE OFFICE, GUMMIDIPOONDI.

2 THE SUPERINTENDENT CENTRAL PRISON,CHENNAI.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

CC to M/S.S.VINOTH KUMAR Advocate on payment of necessary charges CRL OP.10976/2022 Date :11/05/2022 CSK 16/05/2022 https://hcservices.ecourts.gov.in/hcservices/