Crl.O.P.(MD).No.5665 of 2026 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.03.2026 CORAM THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR Crl.OP.(MD)No.5665 of 2026 and Crl.M.P(MD) No.6133 of 2026 Chandra ... Petitioner/ Accused Rank Not known Vs 1. The State of Tamil Nadu, Represented by the Inspector of Police, Kuruvikulam Police Station, Tenkasi District. (Crime No.55 of 2026) ... 1st Respondent/Complainant 2. M.Velmurugan Sub Inspector of Police, Kuruvikulam Police Station, Tenkasi District. ... 2nd Respondent/ De-facto Complainant PRAYER: Criminal Original Petition is filed under Section 528 of BNSS, 2023, to call for the records pertaining to Crime No.55 of 2026 on the file of the first respondent police and quash the same. For Petitioner : Mr.S.Selva Kumar For R1 : Mr.Thanga Aravindh. B Government Advocate (Crl Side) 1/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.5665 of 2026 ORDER The present petition has been filed by the accused person in Crime No. 55 of 2026 on the file of the first respondent seeking to quash the FIR, wherein the petitioner is charged with offence under Section 24(1) of the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. 2. According to the learned counsel appearing for the petitioner, the products is said to have seized from a person aged about 38 years. Therefore, the said provision is not applicable. 3. The learned Government Advocate (Criminal Side) appearing for the first respondent submitted that the product which has been seized from the accused person, is not falling under the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. However, it is clear that filter tobacco is falling under the Food Safety and Standards Act. 2/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.5665 of 2026 4. In view of the submissions made by the learned Government Advocate (Criminal Side) appearing for the first respondent, it is clear that it is a banned product under the Food Safety and Standards Act, 2006.Therefore, the defence raised by the petitioner cannot be taken into consideration at this point of time. It is for the first respondent police to alter the charges after investigation. There are no merits in this petition. 5. Accordingly, this Criminal Original Petition stands dismissed. Consequently connected Miscellaneous Petition stands closed. 23.03.2026 NCC : Yes/No Index : Yes / No Internet : Yes / No ebsi To 1. The Inspector of Police, Kuruvikulam Police Station, Tenkasi District. 2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4 https://www.mhc.tn.gov.in/judis Crl.O.P.(MD).No.5665 of 2026 R.VIJAYAKUMAR , J. ebsi Crl.OP.(MD)No.5665 of 2026 23.03.2026 4/4 https://www.mhc.tn.gov.in/judis