Madras High CourtCRL OP(MD)/397/2025disposed of

Balachandhar v. The State Of Tamilnadu

2025-01-09Honourable Mr Justice M. Nirmal Kumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2025

CORAM

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR and Crl.M.P(MD).No.257 of 2025 Balachandhar .. Petitioner Vs.

1.The State of Tamil Nadu rep., by The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar.

Crime No.19 of 2023 2.Veerasamy .. Respondents PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to call for the records pertaining to the impugned FIR in Crime No.19 of 2023 dated 04.02.2023 on the file of the first respondent police and quash the same as illegal.

For Petitioner : Mr.M.Sridharan For R1 : Mr.A.Thiruvadikumar Additional Public Prosecutor 1/4

ORDER

The petitioner, who is A1 in Crime No.19 of 2023 along with another accused for the offence under Section 4(1)(a) of Tamil Nadu Prohibition Act, had filed this quash petition.

2. The contention of the petitioner is that the petitioner is working abroad and he had come to his native, at that time, his friend had assembled and they were all having purchased liquor bottles, which now has been projected against the petitioner as if the petitioner was in possession of the entire liquor bottles, which was for the individual's own consumption, which was not for any sale.

3. The learned Additional Public Prosecutor submitted that this huge quantity of 196 bottles have been seized from the petitioner and apart from the above case, earlier the petitioner was involved in one more case of similar in nature. The points raised by the petitioner are factual, which have to be decided during trial, not in the quash application. Further, in this case, investigation is almost completed and charge sheet would be filed within one months.

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4. Recording the submission of the learned Additional Public Prosecutor, this Criminal Original Petition is disposed of. Consequently, connected Miscellaneous Petition is closed.

09.01.2025 NCC : Yes/No Index : Yes / No Rmk To 1.The Inspector of Police, Virudhunagar Rural Police Station, Virudhunagar.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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M.NIRMAL KUMAR,J.

Rmk 09.01.2025 4/4