GOPINATH Vs. STATE

JUDGEMENT

(1.) The petitioner who was arrested and remanded to judicial custody on 15/12/2022 for the offences under Ss. 273, 328 of I.P.C. r/w Sec.24(1) of Cigarette and Other Tobacco Products Act, 2003 (COTPA) in Crime No.581 of 2022, on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on 15/12/2022, on a secret information, while the respondent police made a search in Kosapadi village they found that petitioner was in possession of 390 pieces of gutka hans (1 piece is 20 gm.), (7.8 kgs of Gutka hans), and 540 pieces of Vimal pan masala (1 piece is 2.8 gm.) (1.5 kgs. of Vimal pan masala), totally 9.3 kgs. of tobacco products, which was banned by the Government of Tamil Nadu and seized the same. Hence, the complaint.

(3.) The learned counsel for the petitioner submitted that he has not at all committed any offence as alleged by the respondent police and he is no way connected with the offence and he has been falsely implicated in this case. He would further submit that the investigation is almost completed and that the petitioner has been suffering incarceration for more than 24 days from 15/12/2022. Hence, he prayed to grant bail to the petitioner.