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Madras High CourtCRL OP/9143/2025modified

Lama Jean Piere v. United Of India Through Jr. Intelligence Officer

2025-03-28Honourable Mr Justice G.K. Ilanthiraiyan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN

1. Lama Jean Piere

2. Iloanya Iheanacho Samson Nnadozirim ... Petitioners Vs United of India Through Jr. Intelligence Officer, Narcotic Control Bureau, Chennai Zonal Unit, ... Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023/ Section 482 of Cr.P.C, to call for the records pertaining to the order dated 07.11.2024 made in Crl.M.P.No.11615 of 2024 on the file of the Hon'ble the Special Judge, II Additional Special Court For Exclusive Trial of Cases Under NDPS Act, Chennai and pray to set-aside the same and to modify the condition in respect of blood surety in Crl.M.P.No.8569 of 2024 dated 23.08.2024 passed by the Principal Special Court, Under EC and NDPS Act, Chennai.

For Petitioners : Mr.G.Pavendhan For Respondent : Mr.N.P.Kumar Special Public Prosecutor for NCB

ORDER

This Criminal Original Petition has been filed calling for the records pertaining to the order dated 07.11.2024 made in Crl.M.P.No.11615 of 2024 on the file of the Special Judge, II Additional Special Court For Exclusive Trial of Cases Under NDPS Act, Chennai and pray to set-aside the same and to modify the condition in respect of blood surety in Crl.M.P.No.8569 of 2024 dated 23.08.2024 passed by the Principal Special Court, Under EC and NDPS ACt,

2. The petitioners were granted bail in Crl.MP.No.8569 of 2024 by an order dated 23.08.2024, by the Principal Special Court under EC and NDPS Act, Chennai. While granting bail, the petitioners were directed to execute a bond for Rs.10,000/- with two acceptable and reliable sureties each for a like sum to the satisfaction of the Court and one among the sureties of each petitioner must be a blood surety. Thereafter, the petitioners failed to execute blood sureties and filed a modification petition for executing ordinary sureties in Crl.M.P.No.11615 of 2024 in Crl.M.P.No.8569 of 2024. The II Additional Special Court for exclusive Trial of cases under NDPS Act, Chennai, by an order dated 07.11.2024, dismissed the modification petition filed by the petitioners. Challenging the same, the present Criminal Original Petition is filed.

3. The learned Government Advocate (Crl.side) appearing for the respondent would submit that the petitioners are complying with the conditions regularly.

4. Considering the above facts and circumstances of the case, the condition imposed in Crl.MP.No.8569 of 2024 by an order dated 23.08.2024, is modified to the effect that the petitioners shall execute a bond for Rs.10,000/- with two acceptable and reliable sureties each for a like sum to the satisfaction of the Trial Court.

5. With the above directions, this Criminal Original Petition is modified.

28.03.2025 Internet:Yes Index:Yes/No Speaking/Non speaking order mn G.K.ILANTHIRAIYAN. J, mn

To

1. The II Additional Special Court For Exclusive Trial of Cases Under NDPS Act, Chennai.

2. The Principal Special Court, Under EC and NDPS Act, Chennai.

3. The Jr. Intelligence Officer, United of India, Narcotic Control Bureau, Chennai Zonal Unit,

4. The Public Prosecutor, High Court, Madras.

28.03.2025