JUDGMENT :

(Prayer: Criminal Revision filed under Section 397 read with Section 401 Cr.P.C. seeking to call for the records in Crl.M.P. No.3206 of 2019 on the file of the Judicial Magistrate Court No.II, Poonamallee, set aside the order dated 17.12.2019 and direct the second respondent to hand over the godown to the petitioner by shifting the contraband involved.)

1. On a complaint lodged by one Shiva, Sub Inspector of Police, the first respondent police searched the godown at Door No.64, Steel City, opposite R.R.B. Energy Bye-pass Road, Poonamallee on 09.11.2018 and seized about 5 tonnes of gutkha and registered a case in Cr. No.1287 of 2018 under Sections 7 and 9 (2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for brevity “the COTPA”) and Section 328 IPC.

2. A reading of the FIR shows that the police party led by Shiva, Sub Inspector of Police, found Jebastin (A.1), Senthil (A.2), Isaac Solomon (A.3) and Kumar (A.4) loading gunny bags of gutkha from the godown into three vehicles. The police arrested them and during the course of interrogation, they came to know that