Balaji @ Bala v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.06.2023

CORAM

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM Balaji @ Bala ...

Petitioner /vs/ The State Rep.by Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

...

Respondent PRAYER : Criminal Revision Case has been filed under Section 397 & 401 Cr.P.C. to set aside the order passed in Crl.M.P.No.4710 of 2022 on 10.10.2022 by the learned Principal Special Judge under NDPS Act, Chennai and enlarge the petitioner on statutory bail in Cr.No.212 of 2022 on the file of the respondent police.

For Petitioner ... Mr.N.Nishar Ahamed For Respondent ... Mr.R.Vinothraja Govt.Advocate (Crl.side)

ORDER

The Criminal Revision Case has been filed challenging the impugned order dated 10.10.2022 passed in Crl.M.P.No.4710 of 2022 by the Principal Special Judge under NDPS Act, Chennai. 2.The learned counsel for the petitioner contended that the respondent police has registered a case in Crime No.212 of 2022 against this petitioner for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) and r/w. 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985. In this regard, the respondent police arrested the petitioner and remanded to Judicial custody on 27.03.2022. In respect of the same, the respondent police have to file a final report within 180 days but they failed to file a final report. Therefore, the petitioner filed a statutory bail petition on 26.09.2022 on the 184th day in Crl.M.P.No.4710 of 2022 under Section 167 (2) Cr.

P.C. before the Principal Special Court under EC & NDPS Act. That petition was dismissed by the trial Court on 10.10.2022 on the ground that the respondent police had filed a petition in Crl.M.P.No.4625 of 2022 on 177th day i.e. 19.09.

the same is posted to 13.10.2022 for filing counter and the same is still pending. Under these circumstances, the petitioner is entitled to statutory bail. Hence, the present criminal revision case. 3.The learned Government Advocate (Crl.side) conceded that the respondent police had filed an application on 19.09.2022 before 180 days for extension of time for filing the final report in Crl.M.P.No.4625 of 2022 and the learned Judge adjourned that application to 13.10.2022 and the same is still pending.

4.I have considered the submissions of the parties and perused the materials available on record.

5.On perusal of the records, the fact reveals that the respondent police registered a case against this petitioner in Crime No.212 of 2022 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(B) and r/w. 22(c) of the Narcotic Drugs & Psychotropic Substances Act, 1985. Admittedly, the petitioner was arrested and remanded to judicial custody on

27.03.2022. Within a period of 180 days, the respondent police have to file a final report but failed to file a final report. Therefore, the petitioner filed a statutory bail petition that was dismissed by the trial Court on 10.10.2022 on the ground that the respondent police filed a petition in Crl.M.P.No.4625 of 2022 on 19.09.2022 for extension of time for filing a final report, which is unsustainable, in view of the principle laid down by the Hon'ble Supreme Court in Sanjay Dutt Vs. State through C.B.I. Bombay (II) reported in (1994) 5 Supreme Court Cases 410 and State of M.P. Vs. Rustam and others reported in 1995 Supp (3) Supreme Court Cases 221. Apart from this, the trial Court, simply adjourned the extension application filed by the respondent police to 13.10.2022 and the same is still pending. Under these circumstances, the petitioner is entitled to statutory bail.

6.Accordingly, the impugned order dated 10.10.2022 passed in Crl.M.P.No.6060 of 2022 by the learned Principal Special Judge under EC & NDPS Act, Chennai, is set aside and Statutory Bail is granted to the petitioner and the petitioner is ordered to be released on bail on executing a

bond for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) with two sureties for a sum of Rs.25,000/- (Rupees Twenty Five Thousand only) each, before the XV Metropolitan Magistrate, G.T.Court, Chennai on the following conditions;

(a) the sureties shall affix their photographs and left thumb impression in the surety bond and the Court concerned may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity;

(b) the petitioner shall not tamper with evidence or witness either during investigation or trial; (c) the petitioner to appear before the trial Court on all hearing dates;

(d) the petitioner shall not abscond either during investigation or trial;

(e) on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid

down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

(f) if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

7. With the above directions, this Criminal Revision Case is allowed. Index : Yes/No 08.06.2023 Internet : Yes/No mrp Note : Issue order copy on 09.06.2023 To 1.The learned Principal Special Judge under EC & NDPS Act, Chennai.

2.The XV Metropolitan Magistrate, G.T.Court, Chennai.

3. Central Prison, Puzhal , Chennai.

4. The Inspector of Police, H-5 New Washermenpet Police Station, Chennai.

5.The Public Prosecutor, High Court, Madras.

V.SIVAGNANAM ,J.

mrp 08.06.2023