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Madras High CourtCRL OP/18244/2023dismissed

Maman Mia v. Inspector Of Police

2023-11-08Honourable Mr Justice C.V. Karthikeyan2 pages

Crl.OP.No.18244 of 2023 Crl.O.P.No.18244 of 2023 C.V.KARTHIKEYAN, J.

The petitioner/A1 seeks bail in C.C.No.334 of 2021 in which trial is now pending before the learned Special Judge, II Additional Special Court for Exclusive Trial of Cases under NDPS Act, Chennai. 2.Originally, Crime No.856 of 2021 had been registered for the offences under Section 8(c) r/w 20(b)(ii)(B) of NDPS Act. 3.The trial is in progress. As a matter of fact, the matter had been listed for questioning of an accused under Section 313 Cr.P.C and that has also been done. Thereafter, it had been posted for examination of defence witnesses. At that stage, the accused 2 and 3 had filed application seeking to recall some of the prosecution witnesses for further cross examination.

4.It is stated by the learned counsel for the petitioner that the petitioner had filed an affidavit stating that though he is from Tiripura, he would appear before the Court without fail. The learned counsel points out the merits of the case and states about the seized product and about the differences of the weight of the contraband which was actually produced before the Court.

5.These are all aspects will have to be examined only during the course of trial. The trial had actually been completed. It is now for the accused to complete the cross examination of those witnesses who have not been actually cross examined.

1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.18244 of 2023 C.V.KARTHIKEYAN, J.

vkr 6.The learned counsel states that the petitioner wants to examine further witnesses on his side particularly the landlord of the house. These are issues which the trial Court alone can appreciate. 7.At this stage, this Court is not inclined to grant bail to the petitioner.

8.Hence, this Criminal Original Petition stands dismissed. 08.11.2023 vkr Crl.O.P.No.18244 of 2023 2/2 https://www.mhc.tn.gov.in/judis