The case arises from a CBI investigation against 26 persons, including former Tamil Nadu Ministers C Vijayabaskar and PV Ramana, former Chennai Police Commissioner S George, and former Tamil Nadu Director General of Police TK Rajendran, in connection with the alleged gutka scam.

The case is pending before the Special Court functioning on the premises of the Chennai District Collectorate. During the proceedings, George filed an application before the Special Court seeking the removal of several prosecution witnesses from the CBI's witness list on the ground that they had not given statements to the investigating officer. Alternatively, he sought a direction to the CBI to furnish copies of the statements of all prosecution witnesses. After the Special Court dismissed the application, George challenged the order before the Madras High Court.

Justice GK Ilanthiraiyan observed that although the prosecution had cited 278 witnesses, statements under Section 161(3) of the CrPC had not been recorded from certain witnesses. However, the Court noted that all recorded witness statements and the documents relied upon by the prosecution had already been furnished to the accused in compliance with Section 207 of the CrPC.

The Judge held that the statements of certain witnesses, including the sanctioning authority and the investigating officer, had not been recorded as they had been cited only to speak about documents or the investigation. The Court further held that the petitioner could not compel the prosecution to record statements that had not been recorded and found no illegality in the trial court's order dismissing his plea.