Eswaran @ Esa v. The State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.03.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9191 of 2025 1.Eswaran @ Esa 2.S.Yuvaraja @ Eli ....

Petitioners Vs 1.State Rep. By The Inspector of Police H-5, New Washermenpet Police Station, Chennai-600 081.

Cr.No.207/2023.

....

Respondent PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to call for the records and papers relating to Crime No.207 of 2023 on the file of the Inspector of Police, H-5, New Washermenpet Police Station, Chennai and quash the same For Petitioners : Mr.M.G.Martin Manivannan For Respondent : Mr.A.Gopinath Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed seeking to quash the FIR registered in Crime No.207 of 2023 on the file of the respondent police for the offences under Sections 8(c) and 22(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985.

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

3. It is seen from the records that the present petition is the second quash petitioner filed by the petitioner. Already, the petitioner had approached this Court in Crl.O.P.No.25485 of 2024 seeking to quash the very same FIR and the same was dismissed by this Court by an order dated 19.11.2024. While dismissing the petition, this Court directed the respondent police to complete the investigation and file the final report within a period of three months. However, the respondent has not completed the investigation as directed.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that there are serious allegations against

the petitioners and that they are facing charges under NDPS Act. He further submitted that the petitioners were found in possession of contraband which falls under the category of commercial quantity.

5. In view of the above, this Court finds no change in circumstances to entertain the present petition seeking to quash the FIR in Crime No.207 of 2023 on the file of the respondent Police. However, the respondent is directed to complete the investigation and file the final report as expeditiously as possible.

6. In the result, this Criminal Original Petition stands dismissed.

27.03.2025 Index : Yes/No : Yes/No Speaking/non-speaking order Lpp G.K.ILANTHIRAIYAN, J.

Lpp

To 1.The Inspector of Police H-5, New Washermenpet Police Station, Chennai-600 081.

2.The Public Prosecutor, High Court, Madras.

Crl.O.P.No.9191 of 2025 27.03.2025