Sirajudeen v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

( Criminal Jurisdiction ) Thursday, the Twenty First day of October Two Thousand Twenty One PRESENT The Hon`ble Mr Justice N. SATHISH KUMAR CRIMINAL ORIGINAL PETITION No.17028 of 2021 C.C.NO.32 OF 2021 (ON THE FILE OF THE PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI) SIRAJUDEEN [ PETITIONER / ACCUSED ] Vs STATE REP.BY [ RESPONDENT ] THE INSPECTOR OF POLICE, M-4, RED HILLS POLICE STATION, CHENNAI.

CRIME NO.3789 OF 2020.

For Petitioner : M/S.M.ANNAMALAI Advocate For Respondent : MR.V.J.PRIYADARSANA, Government Advocate (Crl. Side) PETITION FOR BAIL 439 Cr.P.C.

ORDER : The Court Made the following order :- This Criminal Original Petition has been filed to enlarge the petitioner on bail in C.C.No.32 of 2021, on the file of Principal Special Court for EC & NDPS Act, Chennai, in Crime No.3789 of 2020 pending on the file of the Inspector of Police - M 4, Red Hills Police Station, Chennai.

2. Heard Mr.M.Annamalai, learned counsel for the petitioner and Mr.V.J.Priyadarsana, learned Government Advocate (Criminal Side) for the respondent.

3. On 18/8/2020, the respondent Police, arrested A.1 and A.2 and seized 451 Kgs of ganja and remanded to judicial custody, on 4/9/2020, for the alleged offences punishable under Sections 8 (c), 20 (b) (ii) (c), 25 and 29 (1) of NDPS Act.

4. The learned counsel appearing for the petitioner submitted that not even an iota of evidence is available with the respondent Police against the petitioner/A.3, but they arrested A.1, on the https://hcservices.ecourts.gov.in/hcservices/

confession statement of A.1.

5. The learned Government Advocate (Criminal Side) submitted that PW1 was already examined before the trial Court and for further examination of the witnesses, the matter was adjourned to 25/10/2021. He would further submit that A.3 filed a petition before this Court, vide, Crl.O.P.No.7947 of 2021 and the same was dismissed on 2/6/2021. It is his further contention that if A.3 is released on bail, there will be a likelihood of absconding and delay in the proceedings.

6. Be that as it may. At this stage, this Court is not venturing into the evidence as P.W.1 has already been examined and trial is in process and posted on 25/10/2021 for further examination of witnesses, this Court is of the view that if A.3 is let out on bail, the trial may be delayed further.

7. Accordingly, this Criminal Original Petition is dismissed. Trial Court is directed to complete the trial within a period of three months, from the date of receipt of a copy of this order. Learned Government Advocate is directed to bring to the notice of this order to the trial Court for expeditious disposal of the case. -sd/- 21/10/2021 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE PRINCIPAL SPECIAL COURT UNDER EC & NDPS ACT, CHENNAI.

2 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

3 THE INSPECTOR OF POLICE, M-4, REDHILLS POLICE STATION, CHENNAI.

4 THE SUPERINTENDENT, CENTRAL PRISON, PUZHAL, CHENNAI.

CC to M/S.M.ANNAMALAI Advocate on payment of necessary charges CRL OP.17028/2021 Date :21/10/2021 https://hcservices.ecourts.gov.in/hcservices/ TA-09/11/2021