Thangapandian v. State Rep By,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.04.2020

CORAM

THE HONOURABLE MR. JUSTICE R.SUBRAMANIAN Thangapandi ... Petitioner Vs.

State by The Inspector of Police, NIB CID Salem, Salem District.

Cr. No.90 of 2019 ... Respondent Prayer: Criminal Original Petition filed under Section 439 Cr.P.C. to enlarge the petitioner on bail in the case pending investigation in Crime No.90 of 2019 on the file of the respondent police.

For Petitioner : Mr.R.Thamaraiselvan For Respondent : Mr.S. Karthikeyan Additional Public Prosecutor

O R D E R

The petitioner seeks bail in respect of Crime No.90 of 2019 registered against him under Sections 8 (c) read with 20 (b) (ii) (c) of NDPS Act.

2.The petitioner was remanded to judicial custody on 07.10.2019. The learned counsel for the petitioner would submit that the petitioner has been incarcerated for more than 200 days and the charge sheet is yet to be filed. The learned counsel for the petitioner would further contend that the time for filing charge sheet is over and the petitioner would be entitled to statutory bail.

3. The learned Additional Public Prosecutor would oppose the grant of bail, contending that three more accused persons are still absconding and the quantity of contraband involved is commercial quantity.

4. The question of entitlement to statutory bail has to be considered by the Special Court. Hence this bail petition is dismissed without prejudice to the right of the petitioner to move the Special Court seeking Statutory Bail. 28.04.2020 jv

To

1. The Judicial Magistrate IV, Salem.

2.The Inspector of Police, NIB CID Salem, Salem District.

2.The Public Prosecutor, High Court, Madras.

3.The Superintendent, Central Prison, Salem.

R.SUBRAMANIAN, J.

jv 28.04.2020