Ganesh v. State Rep By

Crl.O.P.No.16665 of 2023 G.CHANDRASEKHARAN.J., The petitioner namely Ganesh, who was arrested and remanded to judicial custody on 17.06.2023 for the offences punishable under Sections 328 of IPC and Section 7 & 20(1) of Cigarette and other Tobacco Products Act, 2003 in Crime No.314 of 2023 on the file of the respondent police, seeks bail.

2. The learned counsel for the petitioner submitted that, petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that, petitioner is only a driver of the vehicle bearing Reg. No. TN 73 AZ 9633. Petitioner is in Judicial Custody from 19.06.2023. Thus, he seeks bail to the petitioner.

3. The learned Government Advocate (Crl. Side) submitted that, on 17.06.2023 at about 10.00.a.m., respondent police conducted vehicle check near Pommachatram Extention road, at that time, they found vehicle bearing Reg.No.TN 73 AZ 9633 came towards them. On search, they found the following tobacco products: 1/3

1. Hans Chaap Tobacco - 40 Gunny bags (weighing 1152 kgs)

2. Cool Lip - 30 bags ( weighing 750 kgs)

3. Chaini Premium Filter Pouch -15 bags ( weighing 36.75 kgs)

4. Ganesh 701 Tobacco - 78 bags ( weighing 1930 kgs) Total 3 tons and 875 kgs worth about Rs.3,50,000/-. He further submitted that, apart from this case, there is no previous case pending against the petitioner.

4. Considering the large quantum of tobacco products ie., 3 tons and 875 kgs worth about Rs. 3,50,000/- alleged to have been possessed by the petitioner and the investigation in this case is pending, this Court is not inclined to grant bail to the petitioner.

5. Accordingly, this Criminal Original Petition is dismissed. 26.07.2023 Sma 2/3

G.CHANDRASEKHARAN,J.

Sma Crl.O.P.No.16665 of 2023 26.07.2023 3/3