SHYJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The two petitioners herein have been arrayed as accused Nos. 1 and 2 among the two accused in the instant Crime No.661/2019 of Vatakara Police Station, which has been registered for offences punishable under Sec.118(i) of the Kerala Police Act, 2011, Secs.24(1), 6(a) and 6(b) of the Cigarettes and Other Tobacco Products Act, 2003 (COTPA) and Sec.77 of the Juvenile Justice (Care and Protection of Children) Act, 2015.

(2.) The prosecution case in short is that, on 6.7.2019 at about 4.10 pm while the informant police official and party were doing law and order patrolling duty near Ansar College, Vatakara, the two accused persons herein were found selling tobacco products to school students and thereupon the said police officials concerned had seized 750 packets of HANS from the petitioners, and that the petitioners have thereby committed the abovesaid offences. Both the petitioners were arrested on the same day (6.7.2019) and have been remanded under judicial custody since then.

(3.) Counsel for the petitioners would point out that the abovesaid allegations have been falsely foisted on the petitioners and that the petitioners have no connection in the instant crime, and further that going by the nature of the allegations disclosed in the instant case, the continued detention of the petitioners is not really warranted and that this Court may order grant of regular bail subject to stringent conditions.