Gopinath v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.10.2020

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Crl.O.P.No.15828 of 2020 GOPINATH ..Petitioner Vs.

STATE: rep by the Inspector of Police CSCID Police Station, Salem Salem District (Crime No.98 of 2020) ..Respondent Prayer: Criminal Original Petition filed under Section 438 Cr.P.C., to enlarge the petitioner on bail in the event of arrest in Crime No.98 of 2020 on the file of the respondent police. For Petitioner : Mr.B.Vasudevan For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

ORDER

(This case has been heard through video conference) The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Sections 6(4) the Scheduled Commodities (RDCS) Order 1982 and Section 7(1)(a)(ii) EC Act, in Crime No.98 of 2020, on the file of the respondent, seeks anticipatory bail.

2.The case of the prosecution is that on 24.09.2020, the petitioner along with other accused was found in possession of 16,000 kgs. of PDS rice in a Garage belongs the petitioner. Hence, the complaint.

3.The learned counsel appearing for the petitioner would submit that the petitioner is an innocent and he has been falsely implicated in this case. Hence, he prays for grant of anticipatory bail to the petitioner.

4.The learned Additional Public Prosecutor would vehemently oppose stating that the petitioner along with another accused was found in possession of 16,000 kgs. of PDS. He would further submit that the petitioner is the owner of the rice and he has got one previous case of similar nature. He would further submit that A2 in this case has been arrested and he is still in custody. https://hcservices.ecourts.gov.in/hcservices/

5.Taking into consideration of the nature of offence and the fact that the quantity of rice involved in this case is very huge and that the petitioner has got one previous case of similar nature, this Court is not inclined to grant bail to the petitioner. 6.This Criminal Original Petition stands dismissed accordingly. -sd/- 14/10/2020 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 PUBLIC PROSECUTOR HIGH COURT, MADRAS.

2 INSPECTOR OF POLICE, CSCID POLICE STATION, SALEM DISTRICT.

CC to M/S.B.VASUDEVAN Advocate on payment of necessary charges CRL OP.15828/2020 Date :14/10/2020 RVR 22/10/2020 https://hcservices.ecourts.gov.in/hcservices/