POTHYSRAJ Vs. STATE

JUDGEMENT

(1.) This Criminal Original Petition has been filed by the petitioner on 26/12/2023 under Sec. 439 of the Criminal Procedure Code, 1973 (Act No.2 of 1974) praying to grant bail.

(2.) The petitioner/A2 was arrested and remanded to judicial custody on 11/11/2023 for the alleged offences punishable under Sec. 328 of the Indian Penal Code, 1860 (Act No.45 of 1860) and Sec. 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution)Act, 2003 (Act No.34 of 2003) in Crime No.180 of 2023, on the file of the respondent-police.

(3.) The case of the prosecution is that on 11/11/2023, based on a secret tip, the police conducted vehicle check up in Sankarankoil to Tirunelveli Road; that though on seeing Police, the petitioner herein tried to escape, the police caught him; that on search, it was found that the petitioner herein was illegally in possession of 20.7 kgs of banned tobacco products, worth about Rs.42,840.00. Hence, the case.