S.Pandi v. Union Of India Through Intelligence Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2025

CORAM

THE HON'BLE MR. JUSTICE SUNDER MOHAN Crl.O.P.No.6906 of 2025 S. Pandi M/A 45 years Son of Subbaiya Devar, Bus Stand Opposite House, Old KVB Bank Street, Antipatti, Kondamanayakkanpatti, Theni District.

... Petitioner/Accused-2 Vs.

Union of India through Intelligence Officer Narcotics Control Bureau Madurai Sub-Zone, Chennai Zonal Unit, Chennai (NCBF No.48/1/06/2021 NCB/MDS) ... Respondent PRAYER: Criminal Original Petition filed under Section 483 of BNSS, to enlarge the petitioner on bail, in Spl.C.C. No.54/2022, pending on the file of the Special Court for EC/NDPS Act, Salem.

For Petitioner : Mr. C. Deepak Kumar For Respondent : Mr. Leonard Arul Joseph Selvam Government Advocate (Crl.Side) 1/5

O R D E R

This Criminal Original Petition has been filed by the petitioner, who was arrested and remanded to judicial custody on 10.07.2021, seeking bail in Crime No.NCBF No.48/1/06/2021 NCB/MDS registered for the offences punishable under Sections 8(c) r/w 20(b) (i) (C), 28 and 29 of NDPS Act, 1985.

2. The case of the prosecution is that the petitioner along with A1 was intercepted by the respondent and they were found in possession of 360.950 kgs of Ganja, which is a commercial quantity.

3. The learned counsel for the petitioner submitted that no seizure was made from the petitioner; that the petitioner is in custody from 10.07.2021 and there is no progress in the trial and that further custody of the petitioner would offend his right under Article 21 of the Constitution of India.

4. The learned Government Advocate, per contra, submitted that there was no Judge posted in the Special Court for about two years and that the delay is not due to any fault of the prosecution. He further submitted that at present a Judge 2/5

had been posted and the trial would be completed in the near future and submitted that time may be fixed by this Court for completion of the trial.

5. Considering the fact that a huge quantity of contraband was seized from the petitioner and the co-accused and further considering the aforesaid submissions, to sub serve the interest of justice, a direction is given to the trial court, viz., the Special Court for EC/NDPS Act Cases, Salem, to complete the trial as expeditiously as possible since the petitioner is in incarceration from 10.07.2021. If the trial is not completed within a period of four months, the petitioner is at liberty to renew his application for bail.

6. With the above observations, this Criminal Original Petition is closed. 18.03.2025 bga 3/5

To

1. The Special Court for EC/NDPS Act Cases, Salem.

2. Intelligence Officer Narcotics Control Bureau Madurai Sub-Zone, Chennai Zonal Unit, Chennai (NCBF No.48/1/06/2021 NCB/MDS)

3. The Public Prosecutor, High Court of Madras. 4/5

SUNDER MOHAN., J.

bga Crl.O.P.No.6906 of 2025 18.03.2025 5/5