Bail sought in a case alleging illegal possession of 400 kgs of banned tobacco products under BNS, COTPA and Food Safety provisions. Considering the gravity of the offence, the poisonous nature of the goods, and a pending previous similar case against the petitioner, the court declined bail and dismissed the petition.
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CRL OP No. 5461 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05-03-2026
CORAM
THE HON'BLE MR.JUSTICE C.KUMARAPPAN CRL OP No. 5461 of 2026
R.Manas Kumar Guru
..Petitioner(s)
Vs
State rep.by, Inspector of Police, Tiruppur South Police station, Tiruppur District. Cr.No.61/2026.
..Respondent(s)
Prayer :- Criminal Original Petition is filed under Section 483 of BNSS, pleased to enlarge the petitioner on bail in Cr.No.61 of 2026 on the file of the respondent.
For Petitioner(s): Mr.T.Balaji For Respondent(s): Mr.S.Vinoth Kumar Government Advocate (Criminal side)
ORDER
The petitioner, who was arrested and remanded to judicial custody on 27.01.2026 for the alleged offence under Section 123 BNS, 2023, Section 22 (a) of Cigarette and other Tobacco Products Acts 2003 and Section 59 of Food Safety and Standards Act 2006 in Crime No.61 of 2026 on the file of the respondent Police, seeks bail.
accused were found in illegal possession of 400kgs of banned tobacco products. Hence, the case.
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CRL OP No. 5461 of 2026
i s innocent and has been in custody since 2 7.01.2026 . He also submitted that the petitioner is ready to abide by any stringent conditions that may be imposed
by this Court and undertakes not to tamper with the witnesses. Hence, he prayed for grant of bail.
4.The learned Government Advocate (Criminal Side) would submit that the petitioner is having one previous case of similar nature of offences. He would further submit that if the petitioner is released on bail, he may abscond and tamper with witnesses and hence, he opposed the grant of bail.
6.Though the learned counsel for the petitioner ingenuously submits that the petitioner has been in long incarceration of 38 days, while considering the gravity of the offence, recovery of 400kgs of tobacco product that too poisonous and also considering the pendency of previous case against this petitioner, and by considering the objection raised by the learned Government Advocate (Criminal side), this Court is not inclined to enlarge the petitioner on bail.
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CRL OP No. 5461 of 2026
7.Accordingly, this Criminal Original petition is dismissed.
05-03-2026
ep
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CRL OP No. 5461 of 2026
C.KUMARAPPAN, J.
ep
To
1.Inspector of Police, Tiruppur South Police Station, Tiruppur District. 2.The Public Prosecutor High Court of Madras.
CRL OP No. 5461 of 2026
05-03-2026
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1 issue framed by the court
Whether the petitioner arrested for possession of 400 kgs of banned tobacco products should be enlarged on bail in Crime No.61/2026.
4 provisions across 4 enactments
R.Manas Kumar Guru
State rep.by, Inspector of Police, Tiruppur South Police Station, Tiruppur District (Cr.No.61/2026)
C.Kumarappan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
