In cases involving illegal possession of banned tobacco products, custodial interrogation may be necessary to investigate the case and unearth the truth.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction )

Wednesday, the Fifth day of January Two Thousand Twenty Two

PRESENT

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI

CRIMINAL ORIGINAL PETITION No.40 of 2022

UMAD SINGH @ UMAITH SINGH

[ PETITIONER/ACCUSED ]

Vs

STATE REP.BY

[ RESPONDENT ]

THE INSPECTOR OF POLICE,

R.S.PURAM POLICE STATION,

COIMBATORE.

CRIME NO.644/2021

For Petitioner : M/S.G.NIRMAL KRISHNAN, Advocate

For Respondent : MR.N.S.SUGANTHAN, Government Advocate, (Crl.Side)

PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C.

ORDER : The Court Made the following order :-

The petitioner, who apprehends arrest for the alleged offence

under Section 328 IPC r/w Section 7(1), 20(1) of COTPA Act

(Restriction on trade and commerce in production to supply and

Distribution of Cigarettes and other Tobacco Products) in Cr.No.644

of 2021 on the file of the respondent police, seeks anticipatory

bail.

2.The case of the prosecution is that the petitioner along with

one accused persons were in illegal possession of 839 Kgs of banned

tobacco products and the same was seized by the respondent police.

Hence, the complaint.

3.The learned counsel appearing for the petitioner submitted

that the petitioner has not committed any offence as alleged by the

prosecution and he has been falsely implicated in this case. Hence,

he prays for grant of anticipatory bail.

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4.The learned Government Advocate (Crl.Side) submitted that the

petitioner along with one accused persons were in illegal possession

of 839 Kgs of banned tobacco products. Hence, he vehemently opposed

for grant of anticipatory bail to the petitioner.

5. Considering the submissions made by the learned Government

Advocate that the petitioner was involved in illegal possession of

huge quantity of banned tobacco products, custodial interrogation of

the petitioner is essential to unearth the truth. Considering the

same, this court is not inclined to grant anticipatory bail to the

petitioner. Accordingly, the petition seeking anticipatory bail is

dismissed.

-sd/-

05/01/2022

This order, on being produced, be punctually observed and carried

into execution by all concerned

TRUE COPY

Sub-Assistant Registrar (Statistics/C.S.)

High Court, Madras - 600 104.

TO

1 THE INSPECTOR OF POLICE,

R.S.PURAM POLICE STATION,

COIMBATORE.

2 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

+1 CC to M/S.G.NIRMAL KRISHNAN Advocate on payment of necessary

charges SR.NO.324

CRL OP.40/2022

Date :05/01/2022

RW 11/01/2022

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