Madras High Court
CRL OP(MD)/19017/2026 of Mohan Kumar Vs State Of Tamilnadu Rep By Inspector Of Police, Sindupatti on 12 November 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 12-11-2026
CORAM
THE HON'BLE MR. JUSTICE R.VIJAYAKUMAR
CRL.O.P.(MD) No.19017 of 2026
and
CRL.M.P.(MD) No.18206 of 2026
CNR:{HCMD011213782026}
Mohan Kumar
..Petitioner(s)
Vs
State of Tamil Nadu Rep by Inspector of Police, Sindupatti, Usilampatti Taluk, Madurai District.
Crime No.91/2026.
..Respondent(s)
PRAYER:
This Petition filed under Section 528 of the BNSS, to Call for the records pertaining, to the Charge Sheet, in STC No.657/2026, on the file of the Judicial Magistrate Court, Thirumangalam, and Quash the same.
For Petitioner(s)
: Mr.R.Sundaraprasath
For Respondent(s)
: Mr.V.Shathurthi Raja
Government Advocate (Crl. Side)
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ORDER
The present petition has been filed by the sole accused in S.T.C.No.657 of 2026 on the file of the Judicial Magistrate Court, Thirumangalam, seeking to quash the charge sheet, wherein, the petitioner is charged of the offences under Sections 6(b) and 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 20031. 1 For brevity, hereinafter referred as “the Act of 2003”. __________
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CRL OP(MD) No. 19017 of 2026
2. Perusal of the charge sheet reveals that the petitioner was selling Ganesh 701 Tobacco and Cool Lip from his petty shop located at Nattamangalam, Usilampatti.
3. According to the learned counsel appearing for the petitioner, he is a College Student and his mother alone is running the petty shop. He further submits that there are no allegations either in the FIR nor in the charge sheet to the effect that the petitioner, or his mother, were trying to sell Tobacco products to any person under the age of 18 years and within the radius of 100 yards of any Educational Institution. Under such circumstances, punishment under Section 24(1) of the Act of 2003 would not get attracted.
4. The respondent has filed a counter affidavit, contending that the petitioner was keeping Tobacco products ready for sale. Even if the shop license stands in the name of his mother, that circumstances does not itself exclude his participation. The ownership of the shop does not entrust liability.
5. Heard the learned counsel for the petitioner and perused the material records. __________
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CRL OP(MD) No. 19017 of 2026
6. As could be seen from the FIR and the charge sheet, it is clear that there are no allegations that the petty shop is located within the radius of 100 yards of any Educational Institution. There is no allegation that the petitioner, or his mother, were making attempts to sell Tobacco products to any person under the age of 18 years. In such circumstances, Section 24(1) of the Act of 2003 would not get attracted. Even in the counter affidavit, there is no reference about the location of the shop near a School premises.
7. In such view of the matter, continuing of the criminal proceedings as against the accused person would only be an abuse of the process of law. Therefore, the charge sheet in S.T.C.No.657 of 2026 on the file of the Judicial Magistrate Court, Thirumangalam, stands quashed.
8. The present petition, as such, stands allowed. Consequently, connected miscellaneous petition is closed. 12-11-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No drm __________
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CRL OP(MD) No. 19017 of 2026 To
1. Inspector Of Police, Sindupatti, Usilampatti Taluk, Madurai District
2. The Additional Public Prosecutor Madurai Bench of Madras High Court, Madurai.
3. The Judicial Magistrate Court, Thirumangalam. __________
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CRL OP(MD) No. 19017 of 2026 R.VIJAYAKUMAR, J. drm CRL.O.P.(MD) No.19017 of 2026 12-11-2026 __________
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