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Madras High CourtCRL OP/26838/2023dismissed

Chandar v. Inspector Of Police

2023-11-27Honourable Mr Justice C.V. Karthikeyan3 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.This is the second application seeking bail. 3.It is stated that A1 and A4 had been detained under Tamil Nadu Act 14 of 1982.

4.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.

5.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. 6.The learned counsel for the petitioner states that the 2nd and 3rd petitioners/A2 and A3 are only drivers and they are not connected with the said offence but however, they must know that the car and the van, which they had driven contained rectified spirit, which is not a cargo, which can be lawfully transported it without license. 7.Even though this is the second application seeking bail, the total seizure is about 3,500 of rectified spirit and more glaringly, they had been driving an unnumbered audi car, which is a high end car. Even though they are only drivers, it appears that they have an intention to transport the rectified spirit of such high quantity and that probably they want to set up a rival shop to that of the TASMAC. 8.In view of all these facts, I am not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition stands dismissed.

27.11.2023 ata

C.V.KARTHIKEYAN , J.

ata 27.11.2023