Manzoor Ali v. State Rep By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Tuesday, the First day of March Two Thousand Twenty Two PRESENT The Hon`ble Dr Justice G. JAYACHANDRAN CRIMINAL ORIGINAL PETITION No.3913 of 2022 IN C.C.NO.129 129 of 2017 (On the file of the Special Court for Essential Commodities Act, Coimbatore (EC Court)) MANZOOR ALI [ PETITIONER / ACCUSED ] Vs STATE REP BY ITS [ RESPONDENT ] THE INSPECTOR OF POLICE ERUMADU POLICE STATION, THE NILGIRIS.

(CRIME NO.584 OF 2015) For Petitioner : M/S.W.CAMYLES GANDHI Advocate For Respondent : MR.S.SANTHOSH, Govt. Advocate (Crl. Side) PETITION FOR ANTICIPATORY BAIL Under Sec. 438 Cr.P.C. ORDER : The Court Made the following order :- The petitioner, who apprehends arrest at the hands of the respondent police for the offence punishable under Section 8(c), r/w 20(b)(ii) (B) NDPS Act in C.C.No.129 of 2017, on the file of the Special Court for Essential Commodities Act, Coimbatore (EC Court).

2. The case of the prosecution is that the petitioner is facing trial for the offence under Section 8(c), r/w 20(b)(ii) (B) NDPS Act in C.C.No.129 of 2017 before the learned Special Court for Essential Commodities Act, Coimbatore (EC Court) and since he did not appear before the Court on 06.09.2018, non-bailable warrant was issued against him.

https://hcservices.ecourts.gov.in/hcservices/

3. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the respondent. 4.

This Criminal Original Petition for Anticipatory Bail has been filed under Section 438 of Cr.P.C. In fact, the case of the petitioner is that for his non-appearance, the Trial Court has issued Non-Bailable Warrant and the same is pending since 06.09.2018. The petitioner has to resort relief under Section 70(2) of Cr.P.C., before the Trial Court which has issued Non-Bailable Warrant and seek for recall of the warrant.

5.

Accordingly, this Criminal Original Petition is dismissed. -sd/- 01/03/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SPECIAL COURT FOR ESSENTIAL COMMODITIES ACT, COIMBATORE(EC COURT) 2 THE INSPECTOR OF POLICE ERUMADU POLICE STATION, THE NILGIRIS.

3 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S.W.CAMYLES GANDHI Advocate on payment of necessary charges SR.NO.3153 CRL OP.3913/2022 Date :01/03/2022 JPA 09/03/2022 https://hcservices.ecourts.gov.in/hcservices/