Madras High Court
CRL RC/1626/2026 of Velu Chettiyar Vs State represented by The Inspector of Police on 28 September 2026
CRL RC No. 1626 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28-09-2026
CORAM
THE HON'BLE MR.JUSTICE SUNDER MOHAN
CRL RC No. 1626 of 2026
& CRL MP No. 14369 of 2026
CNR: {HCMA011681442026}
1. Velu Chettiyar
2. Logesh
3. Dhandavan
..Petitioner(s)
Vs
The State represented by
The Inspector of Police,
Prohibition Enforcement Wing,
Gummudipoondi,
Thiruvallur District.
(Crime No.4 of 2019)
..Respondent(s)
Prayer: The Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records pertaining to the order dated 27.03.2026 passed in Crl.M.P.No.702 of 2025 in C.C.No.203 of 2022 by the learned District Munsif cum Judicial Magistrate, Gummidipoondi, and set aside the same and discharge the Petitioners from the above Criminal Proceedings.
For Petitioner(s):
Mr.R.Sasikumar
For Respondent(s):
Mr.A.Amarnath,
Additional Public Prosecutor
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ORDER
The Revision challenges the dismissal of the petition filed by the petitioners seeking discharge in CC.No.203 of 2022 filed for the offences under Section 4(1)(aaa) r/w. 7 and 11 of Tamil Nadu Rectified Sprit Rules 2000.
CRL RC No. 1626 of 2026
2. It is the case of the prosecution that during a routine check-up, they intercepted A5 and A6, who were found in possession of 23,000 litres of rectified spirit in a tanker lorry; that their confession revealed the involvement of A1, who had supplied the rectified spirit to them; and that A1’s confession revealed the involvement of the petitioners/A2, A3 and A4, who had supplied the rectified spirit to him.
3. The petitioners sought for discharge, as they were separately tried in CC.No.203 of 2022; and the case against the other accused/A1, A5 and A6 were split up and they are facing trial in CC.No.277 of 2025. The main contention of the petitioners is that no recovery was made from the petitioners; that apart from the confession of the co-accused, there is no other evidence to implicate them; and that that the case is barred by limitation. The trial Court dismissed the discharge petition on the ground that the points raised by the petitioners can be decided only during trial.
4. The learned Additional Public Prosecutor has filed a counter and would fairly concede that the only evidence available against the petitioner is the confession of the co-accused. The counter also lists out the previous cases pending against the petitioners.
CRL RC No. 1626 of 2026
5. Admittedly, the only evidence as against the petitioners is the confession statement of A1. There is no recovery from the petitioners. In the absence of any prima facie evidence, it would be a futile exercise to ask the petitioners to face trial. Though it is stated in the counter that the petitioners have previous cases, that would hardly make any difference, in the absence of any ground to frame charge and to proceed against the petitioners in the instant case.
6. Therefore, the Revision is allowed and the impugned order is set aside and the petitioners are discharged from CC.No.203 of 2022. 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No TSG To
1. The District Munsif cum Judicial Magistrate, Gummidipoondi.
2. The Inspector of Police, Prohibition Enforcement Wing, Gummudipoondi, Thiruvallur District. (Crime No.4 of 2019)
3. The Public Prosecutor, Madras High Court.
CRL RC No. 1626 of 2026
SUNDER MOHAN, J. TSG CRL RC No. 1626 of 2026 & CRL MP No. 14369 of 2026 28-09-2026