Allen Dominic James v. The State Rep By

1 Crl O.P. No.3434 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Crl.O.P.No.3434 of 2024 Allen Dominic James S/o. Donald James

...Petitioner

Vs.

The State represented by The Intelligence Officer, Chennai Zonal Unit.

NCB F. No.48/1/8/2023-NCB/MDS

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C., to call for the records pertaining to C.M.P. No.3101 of 2023 passed by the Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore and to set aside the order dated 05.01.2024 by allowing this petition.

For Petitioner : Mr. K. Balasubramaniam For Respondent : Mr. N.P. Kumar Special Public Prosecutor for NCB Cases.

2 Crl O.P. No.3434 of 2024

ORDER

This petition has been filed challenging the order passed by the Court below dismissing the application filed under Section 54 of Cr.P.C. wherein the petitioner had sought for examination of the petitioner by a registered Medical Practitioner and for submitting a report.

2. Heard Mr. K. Balasubramaniam, learned counsel appearing for the petitioner and Mr. N.P. Kumar, Special Public Prosecutor for NCB Cases appearing for the respondent.

3. The case of the prosecution is that on 23.06.2023 based on some information, the accused persons were intercepted and contraband was seized. The petitioner who has been arrayed as A3 was arrested and remanded to judicial custody on 25.06.2023 for the alleged offences under Sections 8(c) read with 20(b)(ii), 21(B), 22(c), 23(c), 28 and 29 of NDPS Act. The petitioner continues to be in judicial custody till date.

4. The petitioner filed an application before the Court below in Crl. M.P. No.3101 of 2023 under Section 54 of Cr.P.C. on the ground that he

3 Crl O.P. No.3434 of 2024 was illegally detained by the persons claiming themselves to be NCB officials and he was also assaulted undiscriminately and as a result of which, the petitioner lost few of his tooth and it also affected his hearing capacity. Therefore, the petitioner wanted him to be examined by a registered Medical Practitioner and to give a report. The petitioner wanted to undertake this exercise in order to prove that he was illegally detained and subjected to torture.

5. The Court below dismissed the application mainly on the ground that the application was filed after a lapse of 2 months from the date of remand and therefore, the Court below found that no useful purpose will be served in ordering for the examination by a registered Medical practitioner. Aggrieved by the same, the present petition has been filed before this Court.

6. The respondent has filed a detailed counter in this case giving the entire facts of the case. The respondent has also taken a stand that the allegations made by the petitioner are false and the petitioner has tried to create a story in order to evade from the clutches of law. That apart, in

4 Crl O.P. No.3434 of 2024 the instant case, commercial quantity is involved and therefore there is an embargo under Section 37 of NDPS Act. In order to overcome the same, the present petition has been filed and therefore, the respondent has sought for the dismissal of the petition.

7. In the considered view of this Court, the present application that was filed by the petitioner after a lapse of 2 months from remand, should be considered as substantial delay in filing the application under Section 54 of Cr.P.C. If really, the petitioner had sustained injury after he was taken into judicial custody, it has to be informed to the Magistrate who remanded the petitioner into judicial custody or the petitioner should have atleast moved an application at the earliest point of time for being examined by a registered Medical Practitioner. The fact that two months time has lapsed, by the time, the present application has been filed, substantially waters down the very claim that has been made in the application.

8. If really the petitioner had suffered injury and he was also given treatment in the Jail Hospital, the records must be available in the Jail

5 Crl O.P. No.3434 of 2024 Hospital and the petitioner can always call for those records at the relevant point of time. The petitioner at Para 9 of the present petition has claimed that he is suffering from intolerable pain in jaw and left ear and his hearing capacity has been considerably reduced. For this, the petitioner also seems to be taking continuous medication in the Prison Hospital. If the petitioner continues to face such difficulties, it will be left open to the petitioner to seek for better treatment in the Prison Hospital.

9. Except giving this clarity, this Court does not find any ground to interfere with the order passed by the Court below.

10. With the above discussion, this Criminal Original Petition is disposed of.

20.02.2024 Index : Yes / No Internet : Yes / No mjs N.ANAND VENKATESH, J., mjs

6 Crl O.P. No.3434 of 2024 To 1.The Additional District Judge / Presiding Officer, Special Court for Essential Commodities Act Cases, Coimbatore.

2. The Intelligence Officer, Chennai Zonal Unit,.

3. The Public Prosecutor, High Court of Madras, Madras.

Crl.O.P.No.3434 of 2024 20.02.2024