Madras High Court
Khadeeja vs Sub Inspector Of Police on 11 October, 2022
Crl.RC. No.1367 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 11.10.2022
CORAM :
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
Crl.RC. No. 1367 of 2022
Khadeeja
.. Petitioner
Vs
Sub Inspector of Police,
Devala P.S.,
Cr.No. 137/2022 .. Respondent
PRAYER : Criminal Revision Case filed under Section 397 read
with 401 of the Code of Criminal Procedure, 1973, to call for the entire
records relating to the order dated 05.09.2022, made in Crl.M.P. No.
1570 of 2022 on the file of the Court of Judicial Magistrate, Pandalur,
The Nilgiris District and set aside the same and consequently direct the
respondent to release the consignment containing panmasala seized by
the respondent.
For Petitioner : Mr. N. Siva Kumar
For Respondent : Mr. S. Sugendaran
Additional Public Prosecutor
1/4
https://www.mhc.tn.gov.in/judis
Crl.RC. No.1367 of 2022
JUDGMENT
This Revision has been filed, challenging the dismissal order dated
05.09.2022, passed by the Judicial Magistrate, Pandalur, The Nilgiris District.
2. The respondent police registered a case against the petitioner for the
offense under Sections 272, 328 IPC and Section 20 (2) of Cigarettes and
Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade
and Commerce, Production, Supply and Distribution) Act, 2003, in C.C. No.
137 of 2022. The vehicle was also seized along with the panmasala products.
During the investigation, the petitioner filed a petition before the Court below,
to release the goods and the same was dismissed. Admittedly, all the panmasala
seized only within the jurisdiction of the Tamil Nadu state, which is prohibited,
as per the Food Safety and Standards Act, 2006.
3. On the perusal of the records, it is also seen that investigation is still
pending and charge sheet not yet filed. Pending investigation, returning the
seized products is purely a discretionary power of the Court. If the goods are
released during investigation, there is possibility of tampering the witness.
Therefore, under these circumstances, this Court is not inclined to release the
https://www.mhc.tn.gov.in/judis
Crl.RC. No.1367 of 2022
goods, pending investigation. This Court also does not find any perversity in
the order passed by the court below.
4. In view of the above, the Criminal Revision Case is dismissed.
However, the petitioner is at liberty to file a fresh petition, after the filing the
charge sheet before the Special Court. The respondent police is directed to
expedite the investigation and file the charge sheet within a period of three
months.
5. With the above directions, the criminal revision is dismissed.
11.10.2022
Index : Yes/No
Internet : Yes/No
mrn
To
1. The Judicial Magistrate,
Pandalur,
The Nilgiris District
2. The Sub Inspector of Police,
Devala P.S.,
Cr.No. 137/2022
https://www.mhc.tn.gov.in/judis
Crl.RC. No.1367 of 2022
P. VELMURUGAN, J.
mrn
Crl.RC. No. 1367 of 2022
11.10.2022
https://www.mhc.tn.gov.in/judis
