← Library
Madras High CourtCRL MP/13236/2025modified

P.Sivakumar v. The Intelligence Officer

2025-07-07Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN P.Sivakumar ... Petitioner Vs.

The Intelligence Officer, Narcotics Control Bureau, Central Zonal Unit, Chennai - 90.

Crime No.NCB F.No.

48/1/3/2019-NCB/MDS ... Respondent PRAYER: Criminal Miscellaneous Petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to relax the condition imposed on the petitioner shall appear before the respondent police on every Monday at 10.30 a.m., pending appeal passed by this learned Court in Crl.M.P.No.12294 of 2023 in Crl. Appeal No.868 of 2023 dated 18.07.2024.

For Petitioner : Mr.M.Roselet Helen For Respondent : Mr.N.P.Kumar Special Public Prosecutor for NCB

ORDER

This Criminal Miscellaneous Petition has been filed to relax the condition imposed on the petitioner in Crl.M.P.No.12294 of 2023 in Crl. Appeal No.868 of 2023 on 18.07.2024, thereby directing the petitioner to appear before the respondent police on every Monday at 10.30 a.m., pending appeal.

2.

Heard the learned counsel appearing on either side and perused the materials available on record.

3.

It is seen that while suspending the sentence, this Court by an order dated 18.07.2024, in Crl.M.P.No.12294 of 2023 in Crl. Appeal No.868 of 2023 on 18.07.2024, imposed one of the conditions that, the petitioner shall appear before the respondent police on every Monday at 10.30 am., pending appeal. To relax the said condition, the petitioner filed the present petition.

4.

The learned Special Public Prosecutor (NCB) appearing for the respondent police submitted that the petitioner is complying with the conditions regularly.

5.

Considering the said submission, the condition imposed as against the petitioner is modified to the effect that the petitioner shall appear before the respondent police on the first working day of every month at 10.30 a.m., till disposal of the appeal. 6.

Accordingly, this Criminal Miscellaneous Petition is ordered.

07.07.2025 Index: Yes/No Internet: Yes/No Speaking/Non-Speaking order rts

G.K.ILANTHIRAIYAN , J rts To

1. The Special Judge, I Additional Special Court for exclusive trial of cases under NDPS Act, Chennai.

2. The Intelligence Officer, Narcotics Control Bureau, Central Zonal Unit, Chennai - 90.

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

07.07.2025