KANDASAMY Vs. STATE BYINSPECTOR OF POLICE

JUDGEMENT

(1.) Heard Mr.D.Venkatesh, learned counsel appearing for the petitioners and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) appearing for the respondent.

(2.) These petitions have been filed to set aside the orders passed in Cr.M.P.Nos.8799, 8800 and 8801 of 2016 in C.C.No.123, 122 and 124 of 2002 by the Judicial Magistrate, Tenkasi dated 26.10.2016 dismissed the discharge application filed by the petitioners under Section 239 of Cr.P.C.

(3.) The case against the petitioners is that a week prior to 25.07.1997, the petitioners who are the 7th and 8th accused in the case and accused conspired together and in view of that conspiracy, the other accused purchased rectified spirit from the second petitioner and one from Balaji. The accused leased out a land and in the pump set, they download the rectified spirit and then packed them in cans and later prepared them into illegal liquor and sold them. Thereby, the accused defraud the Government and on 25.07.1997, when the defacto complaint was conducting prohibition raid along with police party, he caught hold of the first accused and the respondent came to know about the other accused persons on enquiry and filed a charge sheet under Sections 120(B) and 420 of IPC and Section 11 of Tamil Nadu Prohibition Act and Rule 6 of TNRSC Rules. It is stated that the petitioners and other accused Balaji were absconding. The case was split up as C.C.No.123 of 2002 against the petitioners. The case against the other accused was taken up as C.C.No.153 of 1998 for trial. After trial, the trial Court has acquitted the accused Nos.1 to 6, 10 and 11.