Crl.O.P.No.18395 of 2026 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 14.07.2026 CORAM : THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Crl.O.P.No.18395 of 2026 and Crl.M.P.Nos.12240 and 12241 of 2026 Murugan .. Petitioner Versus The Sub Inspector of Police, Chetpet Police Station, Thiruvannamalai District. .. Respondent Prayer : Criminal Original Petition filed under Section 528 of BNSS, 2023, to call for the records of Final Report in P.R.C.No.216 of 2025 on the file of the learned Judicial Magistrate, Polur, Thiruvannamalai District and quash the same. For Petitioner : Mr.G.R.Hari For Respondent : Mr.M.Mohamed Riyaz, Government Advocate (Criminal Side) 1/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 ORDER The prayer made in this Criminal Original Petition is to quash the Final Report in P.R.C.No.216 of 2025 on the file of the learned Judicial Magistrate, Polur, Thiruvannamalai district. 2. Upon perusing the First Information Report, the material collected during the investigation and the Final Report, the allegation is that on inspection of the provision store run by the accused, the Police found 53 packets of HANS (20 gms each), weighing totally 1 kg and 60 gms valued at Rs.424/- and the same were seized. A case was registered, investigated and a Final Report was filed. 3. Learned Counsel for the petitioner would submit that except for the offences under Sections 6(a) punishable under Section 24(1) of the COTPA, 2003, the offences under Sections 275, 123 and 62 of B.N.S will not be made out. With reference to the COTPA also, the learned Counsel would submit that it is the duty of the prosecution to have sent the seized goods for forensic lab to establish that they are offending goods as per the COTPA, 2003. The onus is on the prosecution. In this case, the Final Report is filed merely believing that what is seized by them is the tobacco 2/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 product. In any event, in order to allege that the product contains any stupefying or poisonous substance, which is an essential ingredient for the other offences, without sending for analysis report and prima facie, simply alleging that it contained poisonous or other substance, the Final Report has been laid. 4. Per contra, the learned Government Advocate (Criminal Side) for the respondent would submit that when the petitioner was running provision store, in which, he was found to be selling the banned gutka products, the above case has been registered and after investigation, the Final Report was filed. 5. I have considered the rival submissions made on either side and perused the material records of the case. 6. As rightly contended by the learned Counsel for the petitioner, in order to make out an offence under Section 62 of B.N.S, an attempt should have been made to commit any other offence punishable with life sentence. The same is not there. In order to allege an offence under Section 123 of B.N.S, it should have been established by the prosecution 3/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 that the petitioner has administered a poisonous or stupefying or intoxicating or unwholesome drug with an intent to cause hurt to any other person. The same is also not made out. 7. With reference to Section 275 of B.N.S, again the offence will be made out only if it is a sale of noxious food or drink. With reference to the same, it has been held by this Court that tobacco is a food and it is an unsafe food. But, at the same time, in the instant case, there is no prosecution under the Food Safety and Standards Act, 2006 on the category of unsafe food. Be that as it may, prima facie, there is material to proceed under Section 275 of B.N.S and Section 24(1) of the COTPA. In this regard, it can be seen that the petitioner, in his provision shop, is alleged to have been selling HANS packets and 53 packets have been seized. I have also considered that there is no previous or subsequent case against the petitioner. 8. Considering the overall facts and circumstances of the case, when the Court queried whether the petitioner will file an undertaking that in the said provision shop, even though the shop is alleged to have been that of the father, whether an undertaking will be filed that no further 4/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 tobacco products will be sold, the learned Counsel would submit that such an undertaking will be filed. 9. Let an affidavit be filed within a period of three working days from today. Considering the quantity, especially, in the teeth of the allegations that the seized product was not even required to send to any expert examination with reference to establishing the nature of the product seized, I am of the view that further continuation of the prosecution would be harsh on the petitioner. 10. In view thereof, this Criminal Original Petition stands allowed on the following terms:- (i) The petitioner shall file an affidavit of undertaking within three working days from today (14.07.2026), undertaking that in the particular shop run by the family of the petitioner, no tobacco products will ever be sold hereafter; (ii) Upon filing of the said affidavit, the Final Report and all the further proceedings in P.R.C.No.216 of 2025, pending on the file of the learned Judicial Magistrate, Polur, Thiruvannamalai district, shall stand quashed; 5/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 (iii) Consequently, connected miscellaneous petitions are closed. 14.07.2026 Neutral Citation : no grs To 1. The Judicial Magistrate, Polur, Thiruvannamalai district. 2. The Sub Inspector of Police, Chetpet Police Station, Thiruvannamalai District. 3. The Public Prosecutor, High Court of Madras. 6/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis Crl.O.P.No.18395 of 2026 D.BHARATHA CHAKRAVARTHY, J. grs Crl.O.P.No.18395 of 2026 and Crl.M.P.Nos.12240 and 12241 of 2026 14.07.2026 7/7 https://www.mhc.tn.gov.in/judis https://www.mhc.tn.gov.in/judis