Aravindji v. Home, Prohibition And Excise Department

Crl.O.P.No.13501 of 2024 Crl.O.P.No.13501 of 2024 T.V.THAMILSELVI, J.

The petitioners, who were arrested and remanded to judicial custody on 22.05.2024 for the offences under Sections 7(5), 20(2) of Cigarette and Other Tobacco Products Act 2003 r/w 328 of IPC in Crime No.262 of 2024 on the file of the respondent police, seek bail.

2.The case of the prosecution is that the the petitioners have illegal possession of tobacco products to the extent of 30,000 packets which is worth about 2,40,000. Hence the complaint.

3.The learned counsel for the petitioners submitted that the petitioners have not involved in any offence, the petitioners are law abiding citizens. Hence, he prays to grant anticipatory bail to the petitioners. 4.The learned Government Advocate (Crl.Side) appearing for the respondent submitted that there is no previous case pending against the petitioners and both the petitioners are hailing from other States and both of them were arrested for having illegal possession of harmful, prohibited 1/2 https://www.mhc.tn.gov.in/judis

Crl.O.P.No.13501 of 2024 tobacco products, namely Hans of 30,000 packets in a car bearing Registration T.V.THAMILSELVI, J.

ah No.TN-10-AH-7799 (750 Hans packets x 40 bags = 30,000 Hans packets) in a car worth of Rs.2,40,000/- approximately and the property has been seized and the proceedings for detention of the petitioners under the Goondas Act are under progress and the investigation is pending. Hence he vehemently opposed to grant anticipatory bail to the petitioner.

5.Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.side) for the respondent and perused the entire materials available on record.

6.Taking into consideration of the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) and on seeing the quantity involved and proposal of Goondas is pending, I am not inclined to grant bail to the petitioners.

7.Accordingly, this Criminal Original Petition stands dismissed. 10.06.2024 ah Crl.O.P.No.13501 of 2024 2/2 https://www.mhc.tn.gov.in/judis