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Madras High CourtCRL OP/10969/2022dismissed

M.Ramesh Kumar v. The State Rep By

2022-05-11Honourable Mr Justice A.A.Nakkiran2 pages

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.10969 of 2022 M.RAMESH KUMAR [ PETITIONER / ACCUSED ] Vs THE STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, CHETTIPALAYAM POLICE STATION, COIMBATORE CRIME NO.154 OF 2022 For Petitioner : M/S KINGSLY SOLOMON.J 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 petitioner was arrested and remanded to judicial custody on 21.04.2022 for the alleged offence punishable under Section 24(1) of Cigarette and Tobacco Products Act, 2003 and under Section 328 I.P.C in Crime No.154 of 2022 on the file of the respondent police seeks bail.

2.The case of the prosecution is that, the defacto-complainant based on secret information conducted a search in the rented shop of the petitioner and found 1015 Kgs of banned tobacco and Panmasala etc., from 83 White Sack Bundles 1)Hanes Chaap Tobacco 09 Bundles - 186.100 kgs, 2) Swagath Gold 10 Bundles - 261.300 Kgs, 3) Cool Lip 8 Bundles 113.400 Kgs, 4) Ganesh 06 Bundles - 120.800 Kgs 5) Vimal 49 Bundles - 324 Kgs totalling 1005.600 Kgs from the Shop. Hence the F.I.R.

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3.Learned counsel for the petitioner would submit that the petitioner is innocent and he has been falsely implicated in this case. He would further submit that the petitioner is suffering incarceration from 21.04.2022. Hence, prays for grant of bail to the petitioner.

4.Learned Government Advocate (Crl. Side) would vehemently oppose stating that the petitioner was in possession of 1005 Kg. of banned tobacco products illegally. The value of the contraband is Rs.7,26,500/-. He added that there is no previous case pending against the petitioner.

5.Considering the fact that the contraband involved in this case is huge in quantity, this Court is not inclined to grant bail. 6.In the result, the Criminal Original Petition stands dismissed. -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 INSPECTOR OF POLICE, CHETTIPALAYAM POLICE STATION, COIMBATORE 2 THE SUPERINTENDENT, CENTRAL PRISON, COIMBATORE 3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S KINGSLY SOLOMON.J Advocate on payment of necessary charges SR.NO.6997 CRL OP.10969/2022 Date :11/05/2022 JPA 12/05/2022 https://hcservices.ecourts.gov.in/hcservices/