Dilip Kumar v. State Rep By

A.D.JAGADISH CHANDIRA, J.

This criminal original petition has been filed seeking to enlarge the petitioner on bail in respect of Crime No.354 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 was in illegal possession of 25 kilograms of banned tobacco products. In respect of which a case in Crime No.354 of 2022 was registered for the offence under Section 328 of IPC r/w Section 24(1) of Cigarette and other Tobacco Products Acts, 2003, and the respondent had also seized the same and the sale proceeds of cash Rs.1025/- 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 23.08.2022. 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 was found in illegal possession of 25 kilograms of banned tobacco products. He would further submit that there are 16 previous cases as against the petitioner. 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 16 previous cases as against the petitioner, this Court is not inclined to grant bail to the petitioner.

7. Accordingly, this Criminal Original Petition stands dismissed.

27.09.2022 ham

A.D.JAGADISH CHANDIRA, J.

ham 27.09.2022