Dismissed

Riyas @ Ahamed Abdul Hameed Sahib v. State Rep by

Madras HC25 Nov 2021CRL OP/22312/2021

Case brief

AI extract

What is this about?

Recognizing the grave nature of allegations and the huge quantity of banned tobacco products seized, the High Court of Madras refused bail to petitioners under Section 439 Cr.P.C. pending completion of investigation.

What did the court decide?

Bail application for petitioners arrested for illegal possession of tobacco products was dismissed due to the quantity involved and ongoing investigation.

Riyas @ Ahamed Abdul Hameed Sahib Vs State Rep by — Narcotics (NDPS) | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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( Criminal Jurisdiction )

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Thursday, the Twenty Fifth day of November Two Thousand Twenty One

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PRESENT

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The Hon`ble Mrs Justice T.V. THAMILSELVI

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CRIMINAL ORIGINAL PETITION No.22312 of 2021

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1 RIYAS @ AHAMED ABDUL HAMEED [ PETITIONERS / ACCUSED ]

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2 ABDUL AJEES

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STATE REP BY [ RESPONDENT ] THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT (CRIME NO.887 OF 2021)

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For Petitioner : MR.N.R.ELANGO, Senior Counsel for

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M/S.D.REVATHI KARTHICK Advocate

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

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PETITION FOR BAIL 439 Cr.P.C.

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ORDER : The Court Made the following order :-

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(The case has been heard through video conference)

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The petitioners who was arrested and remanded to judicial custody on 02.11.2021 for the offences under Sections 328 of IPC and Section 7 and 24(1) of Cigarette and Other Tobacco Products Act, in Crime No.887 of 2021, on the file of the respondent police, seeks bail.

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The case of the prosecution is that the on 02.11.2021, when the respondent police officials were conducting vehicle check up based on a secret information, they found that the petitioners were found in illegal possession of banned tobacco products viz., Hans 726Kgs, Cool Lip filter-216 Kgs, Viman Pan masala-135 Kgs and Chaini130 Kgs in total 1121 Kgs. Hence, the complaint.

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

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3.The learned counsel for the petitioners would submit that the petitioner have been falsely implicated in this case and they are no way connected with the alleged offence. He would further submit that the petitioners have been suffering incarceration for more than 20 days from 03.11.2021 and hence, he would pray for grant of bail to the petitioners.

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4.The learned Government Advocate (Crl. Side) would raise strong objection stating that more than 1000Kgs of banned Tobacco products have been seized and that the investigation has not been completed.

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5.On seeing the grave nature of allegation and the quantity involved is very huge and that the investigation has not been completed, this Court is not inclined to grant bail to the petitioners. Accordingly, this Criminal Original Petition is dismissed.

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-sd/-

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25/11/2021

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This order, on being produced, be punctually observed and carried into execution by all concerned

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TRUE COPY

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Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

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1 THE INSPECTOR OF POLICE, NAGORE POLICE STATION, NAGAPATTINAM DISTRICT

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2 THE OFFICER INCHARGE, SUB JAIL, NAGOOR.

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3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

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+2 CC to M/S.D.REVATHI KARTHICK Advocate on payment of necessary charges SR.NO.13436

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CRL OP.22312/2021

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Date :25/11/2021 JPA 01/12/2021

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

Riyas @ Ahamed Abdul Hameed Sahib v. State Rep by

Case brief

What is this about?

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Riyas @ Ahamed Abdul Hameed Sahib v. State Rep by

Case brief

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