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Madras High CourtCRL OP/22937/2022dismissed

Mohammed Rilwan v. State Rep By

2022-09-27Honourable Mr Justice A.D.Jagadish Chandira4 pages

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.344 of 2022, on the file of the respondent Police.

2. The case of the prosecution is that while the respondent Police and his team were on routine rounds, they found that the petitioner has illegally transported 28.44 kilograms of banned tobacco products, total worth about Rs.22,000/-. In respect of which a case in Crime No.344 of 2022 was registered for the offence under Sections 353 & 328 of IPC r/w Section 24(1) of Cigarette and other Tobacco Products Acts, 2003. The respondent had seized the tobacco products and the sale proceeds to the tune of Rs.3,23,900/- from the accused. Hence the complaint.

3. The learned counsel appearing for the petitioner would submit that the petitioner is an innocent person and he has been falsely implicated in this case. He would further submit that the petitioner is in custody from 31.08.2022. He would also submit that the petitioner is prepared to comply with any stringent condition imposed by the Court and he prays for grant of bail to the petitioner.

4. The Government Advocate (Crl.Side) appearing for the respondent police would submit that the petitioner had illegally transported the 28.44 kilograms of banned tobacco products, total worth about Rs.22,000/-. He would further submit that there are 3 previous cases as against the petitioner, which are in similar in nature. Therefore, he vehemently oppose to grant bail to the petitioner.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. Taking into consideration the facts and circumstances of the case and also taking note of the fact that there are 3 previous cases as against the petitioner in similar nature, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed for the present.

27.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 27.09.2022