AFSAL Vs. STATE OF KERALA

JUDGEMENT

(1.) This Bail Application is filed under Sec. 439 of Criminal Procedure Code.

(2.) Petitioner is the accused in Crime No.197 of 2022 of the Thadiyittaparambu Police Station. The above case is registered against the petitioner alleging offences punishable under Sec. 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015, Sec. 118 (i) of Kerala Police Act and Sec. 6(a), 6(b), 24 of the Cigarette and Other Tobacco Products Prevention Act, 2003. The petitioner is in custody from 16/3/2022.

(3.) The prosecution case is that on 16/3/2022 at 6.50 pm, the accused was found selling prohibited tobacco product namely 'Hans ' from his shop situated near Hidayatul Muslimeen Madrassa, Kaipoorikara, to a minor child aged about 12 years and also found keeping in his possession 2414 packets of 'Hans ' in the autorickshaw bearing registration No.KL-07-CG-9886 and a car bearing registration No.KL-40-P-9097, which were parked near his shop. Hence it is alleged that the accused committed offence.