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2026 Supreme(Online)(Mad) 31478

IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.VIJAYAKUMAR, J
Chandra – Appellant
Versus
The State of Tamil Nadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.S.Selva Kumar
For the Respondents:Mr.Thanga Aravindh. B Government Advocate (Crl Side)

Table of Content
1. petition to quash fir under bnss section 528. (Para 1)
2. petitioner's defence: products seized from adult. (Para 2)
3. product classified under food safety act, not cotpa. (Para 3)
4. petition dismissed; charges to be altered post-investigation. (Para 4)

ORDER

The present petition has been filed by the accused person in Crime No.

65 of 2026 on the file of the first respondent seeking to quash the FIR, wherein the petitioner is charged with offence under Sections 123 of BNS, 2023 r/w 24(1) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

2. According to the learned counsel appearing for the petitioner, the products are said to have been seized from a person aged about 38 years.

Therefore, the said provision is not applicable.

3. The learned Government Advocate (Criminal Side) appearing for the first respondent submitted that the product which has been seized from the accused person, is not falling under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. Ho

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