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Madras High CourtCRL OP/17648/2024dismissed

Shiva v. The State Rep By

2024-07-26Honourable Mrs Justice T.V.Thamilselvi3 pages

T.V.THAMILSELVI, J.

The petitioners, who apprehend arrest for the alleged offences punishable under Sections 24 (1) of Cigaratte and Other Tobacco Products Act, 2003 r/w 328 of IPC in Crime No.429 of 2024, on the file of the respondent police seek anticipatory bail.

2. The case of the prosecution is that on receipt of the secret information, the respondent police found the petitioners in illegal possession of 252.500 Kgs of banned Tobacco Products in a lorry bearing No.KA05AJ8388. Hence the complaint.

3. The learned counsel for the petitioners submitted that the petitioners are innocent persons and they had been falsely implicated in this case. However, on instructions, the learned counsel further submits that the petitioners, on their own volition, are ready and willing to contribute some amount to any Charitable Purpose as directed by this Court. Hence, he seeks for grant of anticipatory bail to the petitioners. 1/3

4. The learned Government Advocate (Crl. Side) submits that on receipt of the secret information, the respondent police found the petitioners in illegal possession of 252.500 Kgs of banned Tobacco Products in a lorry bearing No.KA05AJ8388. Hence, he vehemently opposed to grant bail to the petitioners, it is in a very huge quantity and it needs detailed investigation.

5.Considering the submissions made by the learned Government Advocate (Crl.Side), and the contraband involved is in commercial quantity and investigation is not yet completed, and it needs detailed investigation, at this stage, and also considering the gravity of the offence committed by the petitioners, this Court is not inclined to grant anticipatory bail to the petitioners.

6. Accordingly, this criminal original petition stands dismissed. 26.07.2024 2/3

NST T.V.THAMILSELVI, J.

NST Crl.OP.No.15066 of 2024 26.07.2024 (1/2) 3/3