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Madras High CourtCRL OP/24908/2023dismissed

Viji @ Vijayakumar v. Inspector Of Police

2023-11-07Honourable Mr Justice C.V. Karthikeyan4 pages

C.V.KARTHIKEYAN , J.

The petitioners seek bail in Crime No.689 of 2023, registered by the respondent police for the offences punishable under Sections 4(1)(aaa) r/w 4(1-A)ii of TNP Act and Sections 6 & 7 of TNRS Rule, 2000. They had been remanded to judicial custody on 27.09.2023. 2.The petition seeking bail is dismissed as against A1 since the petitioner/A1 had been detained under Act 14 of 1982. 3.The learned counsel for the petitioner stated that the 2nd and 3rd petitioners/A2 and A3 were drivers of an unnumbered Van and of an unnumbered Audi car respectively.

4.It is the case of the prosecution that originally, on interception of the Audi car, A2 and A3 were found in the car and in the car, 105 litres of rectified spirit had been deducted. Subsequently, after confession, they moved on to the mini Van driven by the 2nd

petitioner/A2 where there was 525 litres of rectified spirit had been found. On further confession, they went over to the godown of A4 where there were 80 cans (each can containing 25 litres) of rectified spirit. It is stated that the total seizure is about 3500 litres of rectified spirit. 5.The learned counsel for the petitioner states that the 2nd and 3rd petitioners/A2 and A3 are only drivers and they had not connected with the said offence but however, they must know that the car and the van, which they driven contained rectified spirit, which is not a cargo, which can be lawfully transported it without license. 6.In view of all these facts, I am not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.

7.It is stated by the learned counsel for the petitioner that there are some mistakes in the dates. I must thank the learned counsel for the petitioner for pointing out the typographical errors in the FIR, which can

always be corrected while investigation is completed and final report is filed with the corrections. The respondent is given the opportunity to correct the dates in the FIR. It is also to be noted that FIR is only a brief outline of facts of report given first before the Station House Officer in the Police Station and the same could always be corrected while after investigation and charge sheet is filed. The respondent is permitted to carryout necessary corrections.

07.11.2023 ata

C.V.KARTHIKEYAN , J.

ata 07.11.2023