K.Hydharhussain v. State Rep By

T.V.THAMILSELVI, J.

The petitioner, who was arrested and remanded to judicial custody on 16.06.2024 for the alleged offence under Sections 6 and 20(1) of Cigarette and other Tobacco Products Act, 328 of I.P.C. and 4(1)(a) of Tamil Nadu Prohibition Act in Crime No.191 of 2024 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that on 16.06.2024, based on a secret information about selling of banned tobacco products, when the respondent police was on patrol duty at Hosur-Krishnagiri National Highway, they intercepted the petitioner's vehicle and on search, they said to have found in the petitioner's vehicle, 270 kgs. of banned tobacco products worth about Rs.1,11,400/- and 3600 ml of Karnataka made liquor for the purpose of sale illegally without any valid license and the same was seized by them. Hence, the complaint was registered against the petitioner.

3. The learned counsel appearing for petitioner would submit that he has not at all committed any offence as alleged in the complaint and he is no way connected with the alleged offence. He would submit that investigation is almost completed and he is ready to comply with the condition imposed by this court. He would also submit that the petitioner has been suffering incarceration for 45 days from 16.06.2024. Hence, he prays to grant bail to the petitioner.

4. The learned Government Advocate (Crl. Side) appearing for respondent would submit that the petitioner is arrayed as sole accused. He would submit that he said to have been in possession of 270 kg. banned tobacco products in his car, which is worth about Rs.1,11,400/- and the same is huge quantity of tobacco products. He would submit that no previous case is pending and at this stage, if he is released on bail, he would hamper investigation and tamper the witnesses. Hence, he vehemently opposed to grant bail to the petitioner.

5. On considering the above facts and circumstances and also on seeing the conduct of petitioner, he was in possession of 270 kg. banned tobacco products in his car, which is worth about Rs.1,11,400/- and the same is a huge quantity of banned tobacco products and also 3600 ml of Karnataka made liquor in his car without any valid permission and the fact that the investigation is not yet completed and at this stage, if he is released on bail, there is possibility of tampering evidence and hampering investigation, this Court is not inclined to grant bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed. 01.08.2024 rpp

T.V.THAMILSELVI, J.

rpp 01.08.2024