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Madras High CourtCRL OP/27510/2022dismissed

V.Muniappan v. State Rep By

2022-11-14Honourable Mr Justice A.D.Jagadish Chandira3 pages

A.D.JAGADISH CHANDIRA, J.

The petitioner who apprehends arrest at the hands of the respondent police for the offences punishable under Section 6(4) of the Tamil Nadu Scheduled Commodities (RDCS) Order, 1982 and Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, in Crime No.154 of 2022, seeks anticipatory bail.

2. The case of the prosecution is that on 06.09.2022 based on the secret information received by the respondent police, they found that the petitioner was illegally transported 2000 Kgs of PDS rice (40 gunny bags each contain 50 Kgs of rice) in an Eicher Vehicle bearing Registration No.TN-25-V-1282, without obtaining any permission or license from the Tamil Nadu State Government. Hence the complaint.

3. The learned counsel for the petitioner would submit that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. Hence, he prays for grant of anticipatory bail to the petitioner.

4. The learned Government Advocate (Criminal Side) for the respondent would submit that the petitioner was illegally transported 2000 Kgs of PDS rice (40 gunny bags each contain 50 Kgs of rice) in an Eicher Vehicle bearing Registration No.TN-25-V-1282, without obtaining any permission or license from the Tamil Nadu State Government. He would further submit that the petitioner has two previous cases similar in nature. Therefore, he vehemently opposed for grant of anticipatory bail to the petitioner.

5. Taking into account the nature of offence and the submissions of either sides, this Court is not inclined to grant anticipatory bail to the petitioner. Accordingly, this Criminal Original Petition is dismissed.

14.11.2022 arb

A.D.JAGADISH CHANDIRA, J.

arb 14.11.2022