HIGH COURT OF MADRAS
Honourable Dr Justice G. JAYACHANDRAN
G.SANTHI – Appellant
Versus
THE STATE REP BY – Respondent
O R D E R
The petitioners herein are accused in Cr.No.1175 of 2021 registered the FIR on 19.10.2021 for the alleged offence under Sections 4(1)(aa) and 4(1-A) of Tamilnadu Prohibition Act and Section 24(1) of Cigarette and Other Tobacco Products Acts, 2003.
2. The FIR states that on 19.10.2021 when the police attached to Prohibition Team were on patrol, receiving information about illicit selling of Pondicherry liquor on the day of Milad-un-Nabi, they had apprehended these two petitioners and from their possession , two gunny bags recovered from the first petitioner contain 750 ml Director's Club Brandy 18 numbers, 180ml Black Pearl Brandy 99 bottles, 180 ml French Club Brandy 72 bottles, 650 ml SNJ Beer 9 Bottles and also 1120 pieces of MDM Gold Gutka 14 packets.
3. It is found in the complaint that in one of the Directors' Club Bottle which was opened and had a poisonous odour suspecting that it would have been mixed with some other poisonous substance, the same was sealed and marked as S1 and sent it to laboratory test.
4. The petitioner herein contends that the case against them has been foisted for statics purpose and Section 41A of Prohibition Act been wantonly implicated as if t
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