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2023 Supreme(Online)(MAD) 21010

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
ALEXPANDIYAN – Appellant
Versus
STATE REP BY – Respondent


ORDER

This criminal original petition has been filed to quash the proceedings in crime No. 2438 of 2020 pending investigation on the file of the first respondent / police, registered for the offence under Section 328 of IPC and Sections 7 of Cigarette and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 insofar as the petitioner.

2. The case of the prosecution is that one, G.Gnanaprakash, Sub-

Inspector of Police, on suo-motu information lodged a complaint with the first respondent as if he has obtained information that obnoxious products are being transported by Ashok Leyland four wheeler bearing Reg.No.TN41-AQ-1119 and it was an information that the prohibited products such as Pan Masala, Hans were being transported at the time of search. Further it was stated that a driver named Alex Pandian had taken a rental premises and employed some people for doing such illegal business.

3. Though the learned counsel for the petitioner submitted that the offence under Section 328 of IPC is not at all attracted even as per the averments in the FIR, on perusal of FIR revealed that there are specific allegati

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