K.Sarathkumar v. State Rep By,
G.K.ILANTHIRAIYAN, J.
The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Sections 7 r/w 20(1) of Cigarette and Other Tobacco Products Act, 2003 and Sections 52 and 59 of Food Safety and Standards Act, 2006 and Section 328 of IPC in Crime No.128 of 2022 on the file of the respondent police, seeks anticipatory bail.
2. Totally, there are 21 accused involved in this case, in which, the petitioners are arrayed as A1. The case of the prosecution is that the petitioner along with other accused was found in illegal possession of 4063 kgs and 958 grams of tobacco products which is banned by Tamil Nadu Government. Hence, the complaint.
3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution and he has been falsely implicated 1/4
in this case. He would further submit that the petitioner is owner of the alleged vehicle which was seized by the respondent police. He would further submit that he has rented his vehicle for the transport company and the other accused in this case have misused the above said vehicle for the transporting banned tobacco products without knowledge of this petitioner. Hence, he prays to grant anticipatory bail to the petitioner.
4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that the respondent police has seized container lorry in Melumalai Village in hill area. He would further submit that 4063kgs and 958 grams of tobacco products worth about Rs.26,81,832/- was found in the said lorry. He would further submit that the petitioner is the owner of the vehicle. Hence, he vehemently opposed to grant anticipatory bail to the petitioners.
5. Taking into consideration the facts and submissions of the learned Counsel and also the fact that the huge quantity of contraband ie., 4063 kgs and 958 grams worth about Rs.26,81,832/- recovered from A2, 2/4
this Court is not inclined to grant anticipatory bail to the petitioner.
6. Accordingly, this Criminal Original Petition is dismissed. 17.08.2022 Vv 3/4
G.K.ILANTHIRAIYAN, J.
Vv Crl.OP.No.18593 of 2022 17.08.2022 4/4