Johnson v. Inspector Of Police
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.02.2024
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR 1.Johnson ... Petitioner in Crl.R.C.No.50 of 2024 2.Kokku Santhosh ... Petitioner in Crl.R.C.No.51 of 2024 3.Akash @ Bharath ... Petitioner in Crl.R.C.No.52 of 2024 4.Karthik @ Pura Karthik ... Petitioner in Crl.R.C.No.56 of 2024 Vs.
The State rep by its, The Inspector of Police, H-3, Tondiarpet Police Station, (Crime No.94 of 2023).
... Respondent in all criminal revisions COMMON PRAYER: Criminal Revision is filed under Section 397 r/w 401 of the Code of Criminal Procedure, to call for the records and set aside the order dated 29.12.2023 of the learned Principal Special Court under EC and NDPS Court at Chennai Crl.M.P.No.7811 of 2023 and enlarge the petitioner on bail in Crime No.94 of 2023 pending on the file the respondent. For Petitioner in all cases :
Mr.D.Padmanabhan For Respondent in all cases :
Mr.C.E.Pratap, Government Advocate (Crl. Side) COMMON ORDER Page No.1 of 6
All these Criminal Revision Cases have been filed by the petitioners, who are A1, A4, A5 & A6 to set aside the impugned order, dated 29.12.2023 in Crl.M.P.No.7811 of 2023 in Crime No.94 of 2023 passed by the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, 2.For better appreciation, the dates and events relating to disposal of the present Criminal Revision Cases are tabulated as follows: Date on which the 180th day completes Date on which the extension petition filed Date on which the statutory bail filed S.No.
Name and Rank of the Accused Date of Arrest Johnson/A1 30.04.2023 26.10.2023 13.10.2023 27.10.2023 Kokku Santhosh/A4 05.05.2023 31.10.2023 13.10.2023 02.11.2023 Karthik @ Pura Karthik/A5 23.05.2023 18.11.2023 13.10.2023 20.11.2023 Akash @ Bharath/A6 11.06.2023 07.12.2023 13.10.2023 08.12.2023 3.The contention of the learned counsel for the petitioners is that the extension petition of statutory period of investigation was filed by the respondent on 13.10.2023, i.e., on the 167th day. Thereafter, notice was served Page No.2 of 6
on the petitioners. In the meanwhile, since the charge sheet was not filed, the petitioners had filed petitions under Section 167(2) of Cr.P.C., on the above said dates in Crl.M.P.Nos.8138, 8343, 8889 & 9409 of 2023 in Crime No.94 of 2023 praying to enlarge the petitioners/accused on statutory bail. The Court below by a common order, dated 29.12.2023 allowed the extension petition filed by the respondent and dismissed the statutory bail petition filed by the petitioner. Now, challenging the extension order alone, the present Criminal Revision Cases have been filed.
4.The learned Government Advocate (Crl. Side) submits that the petitioners had challenged only the extension orders passed by the Court below on 29.12.2023. The primary contention of the petitioners is that the accused or his counsel to be informed about the filing of the petition. In this case, admittedly, extension petition was filed on 13.10.2023 and notices were served for A1 on 06.11.2023, A4 on 06.11.2023, A5 on 19.12.2023 and A6 on 19.12.2023. The consideration of the Court below is that the Public Prosecutor to indicate the progress of the investigation and give specific reasons for detention of accused beyond the period of one hundred and eighty days. The Court below on satisfying with the reasons given by the Public Prosecutor had extended the statutory period of investigation invoking Section 36-A(4) of Page No.3 of 6
NDPS Act.
5.Considering the submissions made and on a perusal of the materials available on record, it is seen that for extension petition the requirement is that notice has to be given to the other side. In this case, notice said to be served on the petitioners on 30.10.2023. Further, after satisfying with the Special Public Prosecutor request for extension of statutory period of investigation, the Court below had considered the same and granted extension of time. In view of the above, this Court finds no merits in these criminal revision cases. Hence, all these Criminal Revision Cases are dismissed. 6.It is made clear that if the petitioners' right under Section 167(2) Cr.P.C. is not considered in this petition, it is for the petitioners to agitate the same, if they so desire, by a separate petition. 23.02.2024 Speaking order/Non-speaking order Index: Yes/No Internet: Yes/No vv2 To 1.The Principal Special Judge, Principal Special Court Under EC & NDPS Act, Page No.4 of 6
2.The Inspector of Police, H3 Tondiarpet Police Station, 3.The Public Prosecutor, High Court, Madras.
Page No.5 of 6
M.NIRMAL KUMAR, J.
vv2 23.02.2024 Page No.6 of 6