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Madras High CourtCRL OP/11336/2023dismissed

J.R.Mohan v. State Rep.By

2023-06-06Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner, who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 4(1)(aaa), 4(1)(b), 4(1)(g), 4(1)(h), 4(1-A) of Tamil Nadu Prohibition Act r/w Sections 7 and 11 of the Tamil Nadu Rectified Spirit Rules 2000 and Section 468, 471 and 420 of IPC, in Crime No.118 of 2023 on the file of the respondent police, seeks anticipatory bail.

2. The case of the prosecution is that on 05.02.2023, based on the secret information, the petitioner along with other accused were found to be in possession of 2075 litres of rectified spirit. Hence, the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated only based on the confession statement recorded from the arrested accused. Hence, he would prays for the grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Crl.side) appearing for the respondent would submit that it a case where the accused were running a illegal liquor manufacturing unit by mixing water with rectified spirit. During the search, the respondents have recovered 3312 fake liquor bottles and various labels of IMFL brands and also seized fake Holograms. As per the confession recorded from the arrested accused, the petitioner is the person who has supplied fake Holograms to the accused. He would further submit that the petitioner has to be arrested and custody has to be taken to find out the source of fake Holograms. He would also submitted that subsequently there was huge tragedy was happened in the same jurisdiction. He would also submit that the petitioner is stated to be the person who has supplied fake Holograms to the illicit manufacturer of liquor. Hence, he vehemently opposed to grant anticipatory bail to the petitioner.

5. Taking into account the nature of offence and the submissions of the learned Government Advocate (Crl.Side) for the respondent, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 06.06.2023 jas

A.D.JAGADISH CHANDIRA, J.

jas 06.06.2023