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Madras High CourtCRL MP/14534/2023modified

Siddharth v. The Inspector Of Police,

2023-10-12Honourable Mr Justice M. Nirmal Kumar4 pages

Crl.M.P.No.14534 of 2023 in Crl.R.C.No.433 of 2023 M.NIRMAL KUMAR., J.

The petitioner was arrested by the respondent Police on 02.08.2022 in Crime No.779 of 2022 for offence under Sections 8(c) read with 22(C), 22(b) and 29(1) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). Since the respondent Police failed to file final report within the stipulated period, the petitioner filed a statutory bail application under Section 167(2) Cr.P.C., before the learned Principal Special Judge, Principal Special Court under EC & NDPS Act, Chennai and the same was dismissed on 03.02.2023, against which, the revision filed before this Court. This Court, by order, dated 21.03.2023 set aside the dismissal order and granted statutory bail to the petitioner of the other conditions one of the condition that the petitioner to report before the respondent Police on the first working day of English calender month at 10.30 a.m., until further orders. To relax the same, the present Miscellaneous Petition has been filed. Page No.1 of 4

2.The contention of the petitioner is that the petitioner is an Architect aged about 27 years and he is in the prime of his career in Bangalore. Due to such condition, he is facing great difficulty to appear before the respondent Police and his profession is greatly affected. Hence, sought relaxation of the said condition.

3.The learned Additional Public Prosecutor appearing for the respondent Police submitted that in this case, the investigation completed and contraband sent for forensic examination. Once the report is received, the final report will be filed. Till such time, the petitioner's presence before the respondent Police is required.

4.Considering the submission and the difficulty facing by the petitioner and to his profession is at Bangalore, the petitioner is directed to appear before the respondent Police on the first Sunday of every English calender month at about 10.30 a.m. until filing of the final report. Once the charge sheet is filed, this condition stands relaxed automatically and the petitioner to appear before the concerned trial Court for the hearing dates. Page No.2 of 4

5.In view of the above modification, this Miscellaneous Petition is ordered.

12.10.2023 vv2 Page No.3 of 4

M.NIRMAL KUMAR., J.

vv2 Crl.M.P.No.14534 of 2023 in Crl.R.C.No.433 of 2023 12.10.2023 Page No.4 of 4