R P SHARMA Vs. STATE

JUDGEMENT

(1.) THIS revision has been filed by aggrieved R. P. Sharma against the order passed by the Principal Sessions Judge, City Civil Court in Crl. R. C. No. 135 of 2004 whereby he has reversed the order passed by the VIII Metropolitan Magistrate, George Town, Chennai in Crl. M. P. No. 3443 of 2004 in Crime No. 214 of 2004 on the file of C1 Flower Bazaar Police Station (Crimes), Chennai.

(2.) THE facts leading to this revision can be briefly narrated as follows:-On 24. 5. 2004 at about 3. 30 pm, the Inspector of Police attached to C1 Flower Bazaar Police Station, on information given by the Sub Inspector of Police of the same police station, viz. , one Kannan to the effect that while the said Kannan was on patrolling duty at about 2. 30 pm on that date upon the junction of Godown Street and Uthandi Street, assembly of persons were found near an auto halted near the temple and that on his arrival near them, except two, others ran away and the two persons were secured viz. , Sabeer, Loadman and Sampath the driver of that auto and on search made upon the bags available in the auto, it was found that they contained prohibited tobacco and the said bags belong to one Shanthilal and they were kept for distribution to various shops available, registered a case in Crime No. 214 of 2004 under section 270 IPC read with sections 7, 9 and 12 of the Tamil Nadu Prohibition of Smoking and Spitting Act, 2002 and sections 7 and 16 (1) (a) (i) of the Prevention of Food Adulteration Act, 1954. On further investigation, the Inspector of Police was able to note that the prohibited tobacco were stored in the premises bearing door No. 29, Zinda Sahib Street, Chennai 600 079 viz. ,the warehouse belonging to South Eastern Road Carriers and then on 25. 5. 2004, the said warehouse was broke open by the Assistant Commissioner along with other police officers and 234 bags of tobacco, 40 bags of Super Gutkha and 5 bags of Shimla gutkha were seized worth of Rs. 12,90,450/=. Thereupon the seized materials were produced by the VIII Metropolitan Magistrate, George Town for custody and the petitioner R. P. Sharma filed Crl. M. P. No. 3443 of 2004 for interim custody of those materials before the VIII Metropolitan Magistrate and the Trial Magistrate, after perusing the documents of invoices and bills produced by the petitioner saying that the materials were booked by one Shanmugam Agencies at Calicut, Kerala and the materials were supplied from Sakthi Traders, New Delhi, ordered for interim custody regarding major portion of the seized goods.

(3.) AGGRIEVED against such order for interim custody, the State has filed Crl. R. C. No. 135 of 2004 and the Principal Sessions Judge, City Civil Court has reversed and set aside the order passed by the VIII Metropolitan Magistrate, George Town, Chennai.