In cases involving the illegal transportation of banned tobacco products, the court may deny anticipatory bail if the accused's custodial interrogation is necessary to unearth the truth and if there are previous cases of a similar nature pending against the accused.

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.47 of 2022

A.ABBAS

[PETITIONERS]

Vs

STATE REP.BY

[RESPONDENT]

THE INSPECTOR OF POLICE,

VADAVALLI POLICE STATION,

COIMBATORE.

(CRIME NO.767 OF 2021)

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

For Respondent : MR.N.S.SUGANTHAN, Govt. 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 of IPC r/w Section 24(1) of Cigratte and other

Tabacco Products Act, 2003 in Cr.No.767 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 involved in illegal transportation of 751

Kgs of banned tobacco products that worth about Rs.3,00,000/- 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.

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

petitioner along with one accused persons were involved in illegal

transportation of 751 Kgs of banned tobacco products that worth about

Rs.3,00,000/-. He further submitted that the petitioner is the owner

https://hcservices.ecourts.gov.in/hcservices/

of the vehicle that was seized by the respondent police and there is

one previous case similar nature pending against him. 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 transportation

of huge quantity of banned tobacco products, custody of the

petitioner is required and also there is one previous case similar

nature pending against him.

6. In such circumstances, custodial interrogation of the

petitioner is essential to unearth the truth. Therefore, 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,

VADAVALLI POLICE STATION,

COIMBATORE.

2 THE PUBLIC PROSECUTOR

HIGH COURT, MADRAS.

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

charges SR.No.327

CRL OP.47/2022

Date :05/01/2022

CSK 11/01/2022

https://hcservices.ecourts.gov.in/hcservices/