Madras High CourtCRL OP/8242/2024disposed of

Murali v. The State Rep. By

2024-06-28Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28.06.2024

CORAM

THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN Crl.O.P.No.8242 of 2024 Murali .... Petitioner

Versus

The State Rep. by The Inspector of Police, NIB - CID, Vyasarpadi, Chennai - 600 039.

.... Respondents Prayer: The Criminal Original Petition is filed under Section 482 of Cr.P.C. to call for the records and quash the First Information Report in Crime No.23 of 2023 dated 01.08.2023 on the file of the respondent pending investigation.

For Petitioner : Mr.F.Wellington For Respondent : Mr.S.Udaya Kumar Government Advocate (Crl.Side) - - - - - -1-

ORDER

The petitioner herein is the fourth accused in Crime No.23 of 2023 in a matter of NIB-CID. Totally 1150 grams of blue colour crystal suspected to be Methaqualone based on the preliminary test conducted in the field besides 18 Kilograms of white colour powder suspected to be Ephedrine, which is controlled substance were seized. When the samples drawn were sent for Laboratory Chemical analysis, a report has disclosed that no Ephedrine or Methaqualone detected from the samples.

2. The learned counsel for the petitioner states that nothing was recovered from this petitioner and even what was recovered does not disclose narcotic drug or controlled substance and therefore, the complaint registered under NDPS Act for the offence under Sections 8(c), 22(c), 25 and 29(1) is liable to be quashed.

3. The learned Government Advocate (Crl.Side) on perusing the report submitted by the State Forensic Laboratory dated 14.02.2024 submitted that the Lab report does not disclose any narcotic drug or controlled substance. In view of the Forensic Report, necessary action will -2-

be taken and reported to the Special Court concerned for NDPS cases.

4. Recording the same, this Criminal Original Petition is disposed of directing the Investigating Officer to file a report before the Special Court for NDPS cases about the outcome of the investigation within a period of 30 days from today.

28.06.2024 asi To

1. The Inspector of Police, NIB - CID, Vyasarpadi, Chennai - 600 039.

2. The Public Prosecutor, High Court of Madras, Chennai.

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DR.G. JAYACHANDRAN, J.

asi Crl.O.P.No.8242 of 2024 28.06.2024 -4-