PATTABI Vs. STATE

JUDGEMENT

(1.) The petitioner, who was remanded to Judicial custody on 9/3/2023, for the offence punishable under Ss. 4(1)(i), 4(1)(aaa) r/w 4(1-A) of Tamil Nadu Prohibition Act, r/w Ss. 4 and 5 of Tamil Nadu Rectified Spirit Rules, 2000, in connection with Crime No.70 of 2023, registered on the file of the respondent police, seeks bail.

(2.) The case of the prosecution is that on receipt of the secret information, the respondent and his team conducted the search, during which they found that the accused were in illegal possession of 1750 litres of illicit pondy arrack and 805 litres of rectified spirit. The respondent police has arrested the accused and seized the liquor. Hence the case.

(3.) Learned counsel appearing for the petitioner submitted that the petitioner is an innocent person and he has been falsely implicated in this case, since he has got some previous cases. He also submitted that earlier, the petitioner was granted anticipatory bail in connection with this crime number in Crl.O.P.No.2565 of 2023 dtd. 7/2/2023, meanwhile, the petitioner was arrested in yet another case in crime No.156 of 2023 registered by the same respondent, thereby, he was unable to surrender and execute the sureties in Crime No.70.2023 and therefore, he was produced before the learned trial Judge under PT Warrant on 9/3/2023, whereas, in due compliance with the order of this Court in Crl.O.P.No.2565 of 2023 dtd. 7/2/2023, the petitioner has deposited a sum of Rs.50,000.00 as non-refundable deposit to the credit of the Registered Advocate Clerks Association, Mannargudi and produced the receipt for the same. He also submitted that the petitioner was also granted bail by this Court in connection with the another case in Crime No.156 of 2023 in Crl.O.P.No.5768 of 2023 dtd. 13/3/2023. Hence, he prayed to grant bail to the petitioner.