Sahad Eranikkal v. State Rep.By

Crl.OP.No.23335 of 2023 Crl.O.P.No.23335 of 2023 C.V.KARTHIKEYAN, J.

The petitioner who was arrested and remanded to judicial custody on 02.04.2021 seeks bail in C.C.No.71 of 2021 now pending before the learned Additional District Judge/ Presiding Officer, Special Court for Essential Commodities Act cases, Coimbatore.

2.The learned counsel for the petitioner has pointed out the evidence recorded on P.W.1, wherein, he has stated that two shoulder bags have been seized from the accused persons, and therefore, each bag would have contained intermediate quantity of ganja.

3. That is an issue which has to be analysed during the course of trial. It is also complained that the trial is unnecessarily delayed on the side of the prosecution. It has been pointed out that it had been listed for evidence on 21.12.2022 and only thereafter, P.W.1 alone had been examined.

4. A direction is issued to the said Court/ Special Court for Essential Commodities Act Cases, Coimbatore, to endeavour to examine 1/2 https://www.mhc.tn.gov.in/judis

Crl.OP.No.23335 of 2023 C.V.KARTHIKEYAN.J., vkr atleast two witnesses every week and in the same way, an obligation is placed on the defence that the witnesses must be cross examined on the same day. If the cross examination is delayed then atleast one witness should be examined one week. If, it is possible more than two witnesses can also be examined in a week. By this manner, the trial would come to a quick end. At any rate, the trial should be completed on or before 28.02.2024. The examination of witnesses is of course subject to the defence cross examine the witnesses without delay. 5.With above directions, this Criminal Original Petition stands dismissed.

17.10.2023 vkr Crl.O.P.No.23335 of 2023 2/2 https://www.mhc.tn.gov.in/judis