A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud was hearing a petition filed by accused E Sivakumar, challenging the April 26 order of the high court.
The plea said the high court passed the order when the investigation relating to the allegations of violation of the ban on gutkha and other tobacco products by the Directorate of Vigilance and Anti-Corruption Commission had commenced and was at an advanced stage .
The high court had ordered the CBI probe following a petition filed by DMK legislator J Anbazhagan.
The Tamil Nadu government has banned the manufacture and storage of gutkha -- a tobacco product. However, the product was reportedly available in the market with the alleged connivance of the police officers and others.
The petition has contended that the probe transfer order was given without hearing any of the accused persons and without looking into the status of the investigation.
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