Madras High CourtCRL OP/22496/2023dismissed

K.Dineshkumar @ Dinesh v. State Rep By The Inspector Of Police

2023-10-06Honourable Dr Justice G. Jayachandran4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.10.2023

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN K.Dineshkumar @ Dinesh ... Petitioner Vs.

The State rep. by The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai - 600 013.

Cr.No.121/2022 .. Respondent Prayer:

Petition filed under Section 482 of Cr.P.C., to set aside the order dated 17.11.2022 passed by the Principal Special Judge, Principal Special Court under EC & NDPS Act, in Crl.MP.No.4971 of 2022. For Petitioner : Mr.G.Martin Manivannan For Respondents : Mr.S.Udayakumar Government Advocate (Crl.Side) 1/4

O R D E R

The petitioner herein has sought for CD file of case in Crime No.121 of 2022 on the file of the respondent police.

2. The matter relates to the possession of excessive tablets and the petitioner is in prosecution for offence under NDPS Act. The production of the CD file is sought under Section 91 of Cr.P.C., the Trial Court had dismissed the petition stating that it was an earlier stage of investigation and therefore the accused is not entitled for the documents sought. For the offence being NDPS Act, certain information in the CD file may be of privileged nature and details may be intended to be the source of information and informant. It is stated that the final report has already been filed along with the documents relied upon by the prosecution. If any particular document which has been collected during the investigation is not produced, it is open to the petitioner to seek for that particular documents. The entire CD file cannot be furnished to the accused in an NDPS offence. 2/4

3. With the above observations, this Criminal Original Petition is dismissed.

06.10.2023 drl To

1. The Inspector of Police, Bhuvanagiri Police Station, Cuddalore.

2. The Inspector, H.R & C.E. Department, Bhuvanagiri, Cuddalore District.

3.The Public Prosecutor, High Court, Madras.

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DR.G.JAYACHANDRAN, J.

drl To

1. The Inspector of Police, N-4, Fishing Harbour Police Station, Chennai - 600 013.

2.The Public Prosecutor, High Court, Madras.

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