Madras High CourtCRL OP/20191/2024disposed of

Sakthivel v. State Rep.By Its

2024-08-30Honourable Dr Justice G. Jayachandran5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.08.2024 CORAM :

THE HON'BLE DR.JUSTICE G.JAYACHANDRAN Sakthivel .. Petitioner

Versus

State rep by its Sub-Inspector of Police, Tiruvannamalai East Police Station, Tiruvannamalai District.

(Crime No.574 of 2022) .. Respondent Prayer : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the learned Judicial Magistrate No.II, Tiruvannamalai to conduct the trial in C.C.No.51 of 2023 expedite as possible earlier.

For Petitioner : Mr.P.Thamaraiselvam For Respondent : Mr.S.Udayakumar Government Advocate (Crl. Side)

ORDER

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This petition is filed for a direction to the learned Judicial Magistrate No.II, Tiruvannamalai to expedite the trial in C.C.No.51 of 2023 and complete the same as early as possible.

2. I have perused the CD file.

3. The contention of the petitioner is that the prosecution relied upon four witnesses in support of their case that 100 gms of Ganja was recovered from the petitioner. However, the substance, alleged to have been seized from the petitioner, was not sent for analysis and not produced before the Court.

4. The perusal of the CD file indicates that from the seized Ganja, two packets of 25 gms was taken as sample and one packet was sent to analysis through the Court vide letter, dated 12.04.2023. Pursuant to that, a sample was analysed and deducted the presence of cannabis and the report from the Analyst was forwarded to the learned Judicial Magistrate. 2/5

5. The learned Government Advocate (Crl. Side) submits that the case was posted to 06.09.2024 and necessary steps will be taken for marking the analysis report following the procedure contemplated under Section 293 of Cr.P.C.

6. In the light of the material found in the CD file, this Court finds that the petition to quash is not sustainable on the grounds raised in the petition. Therefore, the Trial Court is directed to expedite the trial and complete it within a period of 45 days from 06.09.2024.

7. This Criminal Original Petition stands disposed of. 30.08.2024 Index : yes/no Speaking order/Non-speaking order : yes/no grs To

1. The Judicial Magistrate No.II, Tiruvannamalai.

2. The Sub-Inspector of Police, 3/5

Tiruvannamalai East Police Station, Tiruvannamalai District.

3. The Public Prosecutor, High Court of Madras.

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Dr.G.JAYACHANDRAN, J.

grs 30.08.2024 5/5