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Madras High CourtCRL OP(MD)/13070/2020dismissed

R.Sundaramoorthi v. The Inspector Of Police

2020-11-18Honourable Mr Justice S.M. Subramaniam2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 18/11/2020 PRESENT The Hon'ble Mr.Justice S.M.SUBRAMANIAM CRL OP(MD). No.13070 of 2020 R.Sundaramoorthi ... Petitioner/Sole Accused Vs The State Rep. by The Inspector of Police, CSCID Police Station, Virudhunagar, Virudhunagar District.

Cr.No. 141 of 2020. ... Respondent/Complainant For Petitioner : M/s.J.Sankara Pandian, Advocate.

For Respondent : Mr.R.Erottu Chamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No. 141 of 2020 on the file of the Respondent Police.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. The petitioner was arrested and remanded to Judicial Custody on 15.10.2020 for the offences punishable under sections 6(4) of TNSC(RDCS) Order, 1982, r/w Section 7(i)(a)(ii) of Essential Commodities Act, in Crime No.141 of 2020 on the file of the respondent police. He seeks bail.

3. The petitioner has already involved in four previous cases which all are similar in nature. Illegal dealing of PDS rice is a grave offence as it affects the distribution of free rice to the poor and downtrodden people who all are depending on the PDS rice from the Government Fair Price Shops. In the event of such crimes https://hcservices.ecourts.gov.in/hcservices/

to be continued frequently, it would affect the Public Distribution System of supplying free rice to the poor and downtrodden people across the Country. Thus, the frequent offenders of PDS rice cannot be encouraged and the Courts are bound to initiate appropriate action against them. PDS rice smuggling is worse than sand smuggling or other illegal mining. PDS rice smuggling affects the larger interests of the public as the Government is supplying huge quantity of PDS rice not only across the State of Tamil Nadu but are now supplying throughout the Nation by implementing under the policy of "One Nation One Ration Card". The implications of such smuggling are larger. Therefore, leniency cannot be shown in such cases. In the present case, the petitioner is a habitual offender of smuggling PDS rice. Therefore, the present bail petition stands dismissed.

sd/- 18/11/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. THE INSPECTOR OF POLICE, CSCID POLICE STATION, VIRUDHUNAGAR, VIRUDHUNAGAR DISTRICT.

2. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

3. THE OFFICER INCHARGE, DISTRICT JAIL, VIRUDHUNAGAR DISTRICT.

ORDER

IN CRL OP(MD) No.13070 of 2020 Date :18/11/2020 RMI TE/AKM/SAR-IV : 23/11/2020 : 2P/4C https://hcservices.ecourts.gov.in/hcservices/