IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 16.11.2022 CORAM THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Crl.O.P.No.23500 of 2022 Nallappan ... Petitioner /vs/

1. State rep.by The Sub Inspector of Police Annadanapatti Police Station, Salem City, Salem District.

2. The Village Administrative Officer, Seelanaickenpatti Village, Salem City, Salem District. ... Respondents Prayer : Criminal Original Petition has been filed under Section 482 of Cr.P.C. to call for the records in Crime No.522 of 2021 on the file of the first respondent and quash the same.

For Petitioners ... Mr.R.Rajarajan For Respondents ... Mr.E.Raj Thilak Addl.Public Prosecutor

ORDER

This Criminal Original Petition has been filed to call for the records in Crime No.522 of 2021 on the file of the first respondent and quash the same.

2. The case of the prosecution is that the Village Administrative Officer, Seelanaickenpatti/defacto complainant had given a complaint to the 1^st respondent police on 29.07.2021 stating that his Assistant viz., Thangaraj had informed him that two lorries, bearing registration No.TN30 AV 2011 and No.TN27 U3933, loaded with Guthka were parked in PSM Lorry Stand Uthukaadu in Seelanaickenpatti Village. Immediately, he went to the Lorry Stand and on inspection of the same, he found that foul smell was emanated from the lorries and opened one of the bags found in the lorry which contained full of Gutkha and Hans sachets. Further it is found that the lorry owners are supplying the Gutkha and Hans sachets to the local shops and thereby endangering the life of children and school students. Hence, a complaint was lodged and an FIR was registered in Crime No.522 of 2021 for the offences punishable under Section 77 of Juvenile Justice (Care and Protection of Children) Act 2015 and Sec.6 & 24 (1) Cigaratte and other Tobacco Products Act, 2003.

3. The learned counsel for the petitioner submitted that the petitioner has been falsely implicated in this case based on the confession statement given by one Suresh. He would further submit that this petitioner is neither the owner of the Lorry Stand as well as the lorries nor he possessed the seized Gutkha goods and he is no way connected with the seized tobacco products. Therefore, the case registered against the petitioner is unsustainable and thus, he pleaded to quash the FIR registered against him.

4. The learned Additional Public Prosecutor submitted that the case has been registered based upon the complaint given by the Village Administrative Officer/defacto complainant and the confession statement given by one of the accused viz., Suresh, the petitioner has been implicated in this case. He would further submit that investigation is now pending in this case, thus he objected to quash the FIR as against the petitioner.

5. Heard both sides and perused the materials available on record.

6. A perusal of the FIR reveals that based on the complaint given by the Village Administrative Officer, Seelanaickenpatti/defacto complainant and the confession statement given by one Suresh, police suspected the Owner of the Lorries as well as the owner of Lorry Stand. The relevant portion of the FIR reads thus; ,d;W 29/07/2021 k; njjp khiy Rkhh; 4 kzpastpy; ehd; vdJ mYtyfj;jpy; ,Ue;jnghJ vdJ cjtpahsh; j';fuh$; vd;gth; teJ; rPyehaf;fd;gl;o CjJ; f;fhl;oy; cs;s PSM vd;w yhhp !; n; lz;oy; TN30 AV 2011 kw;Wk; TN27 U3933; vd;w ,uzL; yhhpfspy; Fl;fh bghUl;fs; nyhL ,Ug;gjhf jdfF; jfty; fpilj;jjhf vd;dplk; brhd;dhh;/ clnd ehd; mtUld; brd;W nkw;go yhhp !n; lz;oy; cs;s nyhLfis ghh;f;f mjpy; jyh xU K:l;il gphpj;J ,Ue;jJ/ ehd; mjid ghh;itapl mJ Fl;fh !hd!; ; bghUl;fis bfhzL; teJ; filfSfF; rg;is braJ; k; mjid rpWth; kw;Wk; gs;sp khzth;fSf;Fk tpw;gid braJ; mth;fspd; vjph;fhyj;ij ghHhf;fp mth;fsJ clYfF; k; capUf;Fk; MgjJ; tpistpfF; k; tifapy; tpw;gid bra;a bfhzL; teJ; s;shh;fs; vd bjhpa te;jJ/ vdnt nkw;go yhhpfisa[k; Fl;fh bghUl;fisa[k; ifg;gw;wp yhhpfspd; chpikahsh;fs; kw;Wk; rpyh; kPJ jf;f eltof;if vLfF; k;go nflL; fb; fhs;fpnwd;/

7. Admitt