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2019 Supreme(Mad) 1611

N.ANAND VENKATESH
Thangaraj @ Thangarasu – Appellant
Versus
State, Rep. by the Inspector of Police, Namakkal – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:V. Karthik, Senior Counsel, C. Prabakaran, Advocate.
For the Respondents: M. Mohamed Riyaz, APP.

JUDGMENT :

1. This Criminal Original Petition has been filed seeking to quash the FIR in Cr.No.18 of 2019, pending investigation on the file of the 1st respondent Police.

2. The case of the prosecution is that based on a secret information received from a credible source on 14.01.2019, the 2nd respondent along with other police officers were waiting near Keerambur Toll-Plaza. At about 20.00 hours, they stopped a Lorry and found that it contained banned items like, Tobacco, Gutkha and Panmasala. On enquiry, they found that it was transported from Bangalore and was being taken to the godown owned by the petitioner. The driver of the vehicle and another person accompanying him were arrested and the entire property was seized under the cover of Mahazar and a sample was also sent for expert opinion. Based on the complaint given by the 2nd respondent, an FIR came to be registered against four named accused persons in Cr.No.18 of 2019, for an offence under Sections 273 & 328 of IPC r/w 7 & 20(1) of COTPA Act, 2003 and Section 52 & 59 of Food Safety and Standards Act, 2006. The petitioner has been added as A-3 in the FIR.

3. Mr.V.Karthick, learned Senior Counsel appearing on behalf of the pet

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