K JAGADEESH Vs. STATE

JUDGEMENT

(1.) This case was taken up through video conferencing.

(2.) This criminal revision has been preferred seeking to set aside the order dated 12.08.2020 passed by the Judicial Magistrate No.V, Coimbatore in C.M.P. No.2330 of 2020, in and by which, the petition filed by the petitioner under Section 451 Cr.P.C. seeking return of the seized cigarette bundles, has been dismissed and to consequently, direct the respondent police to return the cigarette bundles to the petitioner.

(3.) It is the case of the prosecution that on 23.04.2020, when the respondent police were on duty at Veerapandi Check Post, enforcing the lock down due to the COVID-19 pandemic, they stopped a Bolero Pick Up van bearing Regn. No.TN 19 K 3109 plying in violation of the prohibitory orders and found one Ranjith (A.1) and Jagadeesh (A.2) in the said van; on further checking, the police found that the said two persons were transporting cartons of cigarette packets of various brands; since they had not taken the required permission from the authorities concerned for movement of goods during the lock down period, they were arrested and a case in Cr. No.619 of 2020 under Sections 188 and 269 IPC and Section 24(1) of the COTPA was registered against them.