Madras High CourtCRL OP/19124/2023disposed of

Edwinraj v. State Rep.By

2023-08-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.08.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.O.P No.19124 of 2023 and Crl.MP.No.12816 of 2023 Edwinraj Petitioner vs.

State rep by Rep. By The Inspector of Police Kavarapettai Police station Thiruvallur-1.

Respondent PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the entire records in pursuant to the CC No.187 of 2022 on the file of the 1st Additional Special Court under NDPS Act against the Petitioner. For Petitioner : M/s. Mr.T. Gowtham, Senior counsel for Mr.N.Nisar Ahamed For Respondent :Mr. A. Gopinath, Government Advocate

ORDER

This petition has been filed challenging the proceedings initiated by the respondent against the petitioner under Section 8(c) r/w. 20 (b) (ii) (c), 25, 29(1) of NDPS Act. 2.

The grounds raised by the counsel for the petitioner are all factual in nature and it requires appreciation of evidence and this Court cannot decide the same in exercise of its jurisdiction under Section 482 of Criminal Procedure Code. It is left open to the petitioner to raise all the grounds before the Court below and the same shall be considered on its own merits and in accordance with law. This Court is not inclined to interfere with the proceedings pending before the Court below.

3. Accordingly, this Criminal Original Petition is dismissed with a direction to the Court below to complete the proceedings in CC No.187 of 2022 on the file of 1st Additional Special Court under NDPS Act within a period of four months from the date of receipt of a copy of this order. The trial shall be conducted on a

day to day basis in accordance with the guidelines given by Hon'ble Supreme Court reported in Vinod Kumar Vs State of Punjab [2015 (1) MLJ (Crl) 288 SC]. If the petitioner adopts any dilatory tactics, it is open to the trial Court to insist upon the presence of the petitioner and remand him to custody as per the judgment of the Hon'ble Supreme Court in STATE OF UTTAR PRADESH VS. SHAMBHU NATH SINGH (JT 2001 (4) SC 3191). Consequently, connected miscellaneous petition is closed. 29.08.2023 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To

1. The Inspector of Police Kavarapettai Police station Thiruvallur-1.

2. The Public Prosecutor, High Court, Madras

N. ANAND VENKATESH, J.

rka Crl.O.P No.19124 of 2023 and Crl.MP.No.12816 of 2023 29.08.2023