C.Sarathkumar v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA C.Sarathkumar ... Petitioner Vs.

The State rep. by its, The Inspector of Police, Thittakudi Police Station, Thittakudi, Cuddalore District.

... Respondent PRAYER: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to call for the records and quash the F.I.R. 184 of 2021 registered at Thittakudi Police, Cuddalore on 22.06.2021 against the petitioner accused.

For Petitioner : Mr. M.Sounderrajan For Respondent : Mr.A.Damodaran Additional Public Prosecutor 1/4

O R D E R

This Criminal Original Petition is filed to call for the records pertaining to F.I.R. in Cr. No.184 of 2021 registered by the respondent police.

2. The petitioner is the sole accused in a case registered in Cr. No.184 of 2021 for the offence under Section 20(b)(ii)(A) of Narcotic Drugs & Psychotropic Substances Act, 1985. The case has been registered on the information furnished by the respondent police on 22.06.2021. On receiving the information, the Inspector went to the place of occurrence wherein he saw the accused and others were involved in exchange of Narcotic drugs and started to run away on seeing the police. The first respondent police had also seized the contraband and the investigation is still pending.

3. The learned counsel for the petitioner submitted that the case is just a put up case against the petitioner and he is in no way involved in the said case.

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4. On perusal of the records, I could see the sufficient materials that are available to make out a case under Section 20 (b) (ii) (A) of NDPS Act. A detailed special report has been filed by the respondent police by explaining the transactions of Ganja leaves. Unless investigation is allowed to go, the real facts behind the case may not be unearthed.

5. At this stage this Court is not inclined to conduct any roving enquiry. The materials that are available on record are sufficient to make out a prima facie case against the petitioner. It is up to the petitioner to raise his points as his defense during trial. However, considering the long pendency of FIR, I feel it appropriate to direct the respondent police to complete the investigation and file final report within a specific time frame.

6. Accordingly, this Criminal Original Petition is dismissed and the respondent police is directed to complete the investigation in this case and file final report within a period of two weeks form the date of receipt of a copy of this order.

17.10.2022 Index : Yes/No 3/4

Speaking Order : Yes / No bkn R.N.MANJULA, J., bkn To

1. The Inspector of Police, Thittakudi Police Station, Thittakudi, Cuddalore District.

2. The Public Prosecutor High Court of Madras.

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