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Madras High CourtCRL OP/21711/2023dismissed

Kevenlal Patel @ Kevalram v. The State Rep.By

2023-10-04Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.O.P.No.21711 of 2023 Crl.O.P.No.21711 of 2023 C.V.KARTHIKEYAN , J.

The petitioner seeks anticipatory bail in Crime No.900 of 2023 registered by the respondent Police for the offence under Sections 8(c), 20(b)(ii)(B) and 25 of NDPS Act.

2.The case of the prosecution is that secret information had been received about the transit of banned tobacco products in an auto. There was a regular checking and they seized an auto bearing registration No.TN 66 T 2341 which was driven by the 1st accused. From the said auto, 77.700 kgs of banned tobacco products and 27 packets of cannabis chocolates have been seized.

3.It is contended by the learned counsel for the petitioner that there is no allegation against the petitioner herein. It is also contended by the learned counsel that the product which has been seized is not a narcotic substance and in this connection, he relied upon the judgment of the Karnataka High Court in the case of Roshan Kumar Mishra Vs. State of Kartnatka reported in (2022) 240 AIC 437.

4.Even at the outset, it must be stated that the contention of the learned counsel is not correct. The lab report reveals that it is cannapinoid https://www.mhc.tn.gov.in/judis 1/2

Crl.O.P.No.21711 of 2023 C.V.KARTHIKEYAN , J.

vkr mixed with sugar. In this case, the charge sheet is yet to be filed. The product is primarily sold to the school children.

5.The status report has also been filed wherein it is stated that the petitioner has absconded to Bihar and the respondent are trying to secure the petitioner.

6.Hence, this Criminal Original Petition stands dismissed. 04.10.2023 vkr Crl.O.P.No.21711 of 2023 https://www.mhc.tn.gov.in/judis 2/2