Machaigandhi v. The State Rep.By

C.V.KARTHIKEYAN , J.

The petitioner, who was arrested and remanded to judicial custody on 08.09.2023 for the offences punishable under Sections 4(1)(A), 4(1)(aaa) of Tamil Nadu Prohibition Act in Crime No.475 of 2023 on the file of the respondent police, seeks bail.

2. The case of the prosecution is that the petitioner was found in possession of 120 litres of illicit arrack.

3. The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case. He further submitted that the petitioner is ready to abide by any stringent condition imposed by this Court. Hence, he prays for grant of bail to the petitioner.

4. The learned Government Advocate (Crl. Side) for the respondent stated that the petitioner was found in possession of 120 litres of illicit arrack. He further stated that there is a proposal to detain the

petitioner under Tamil Nadu Act 14 of 1982. Hence, he vehemently opposed to grant bail to the petitioner.

5. Taking into consideration the fact that process has been initiated to detain the petitioner under Tamil Nadu Act 14 of 1982, this Court is not inclined to grant bail to the petitioner.

6. Accordingly, this criminal original petition is dismissed with liberty to file a fresh petition after a period of three weeks, if the said procedure has not been complied with by the respondent. 09.10.2023 pal/ata

C.V.KARTHIKEYAN , J.

pal/ata 09.10.2023