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Madras High CourtCRL OP/21016/2020dismissed

Sekar v. State Rep By

2020-12-30Honourable Mr Justice G. Chandrasekharan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.12.2020

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Crl.O.P.No.21016 of 2020 Sekar ..

Petitioner/Accused 2 Vs.

State represented by The Inspector of Police, Valathy Police Station, Villupuram District.

(Crime No.1495 of 2020) .. Respondent/Complainant Criminal Original Petition filed under Section 438 of Criminal Procedure Code, praying to enlarge the petitioner on anticipatory bail in the event of his arrest in Crime No.1495 of 2020 pending investigation on the file of the respondent police. For Petitioner : Mr.A.Kumar For Respondent : Mr.M.Mohamed Muzammil Government Advocate (Crl.Side)

O R D E R

(The case has been heard through video conference) It is seen from the submissions made by the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) that the first accused along with the petitioner in this case are being prosecuted for the offences under Section 328 IPC r/w Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003, in Crime No.1495 of 2020 on the file of the respondent police.

2.

Heard both sides.

3.

The learned Government Advocate (Criminal Side) submitted that the petitioner is the owner of the retail shop, from where, 1500 ghutka packets, which are banned substances, have been seized. He further submitted that only at the instance of the petitioner, the first accused has marketed the ghutka packets. 4.

Considering the nature of the offence, in which, banned substances have been sold to the public at large causing health hazard, this Court is not inclined to grant anticipatory bail to the petitioner.

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Hence, this criminal original petition is dismissed. -sd/- 30/12/2020 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 THE INSPECTOR OF POLICE, VALATHY POLICE STATION, VILLUPURAM DISTRICT CC to M/S V.R.APPASWAMEE Advocate on payment of necessary charges Sr.6 CRL OP.21016/2020 Date :30/12/2020 RVR 06/01/2021 https://hcservices.ecourts.gov.in/hcservices/