State Government v. Amith And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY (STC.No.457 of 2016 of Judicial Magistrate Court No.II, Kancheepuram Taluk, Kancheepuram) State Rep.by its Inspector of Police, PEW Police Station, Kanchipuram.

... Petitioner Vs.

Amith and another ... Respondents For Petitioner : Mr.S.Vinoth Kumar Government Advocate (crl.side)

ORDER

This Suo Motu Case is dealt with in an extraordinary manner by the Dedicated Bench, pursuant to Suo Motu.W.P.(Crl.) No.618 of 2025. 2.

The allegation in this case is that on 25.01.2014, the accused was found in possession of 35 litres of illicit arrack. A case was registered in crime no.40 of 2014 for alleged offence under Section 4(1)(a) of Tamil Nadu Prohibition Act. There is no previous case or subsequent case as against the Page No.1 of 3

accused. Therefore, considering the factual matrix, context of the case, the antecedents of the accused, the reason for absence from his usual place, and the submission that, despite best efforts, the warrant could not be executed, it is evident that even if the accused is brought to face trial, it would impinge upon his right to a speedy trial. Due to the passage of time, a meaningful trial is unlikely, and no useful purpose would be served. 3.

Accordingly, the proceedings in STC.No.457 of 2016 of Judicial Magistrate Court No.II, Kancheepuram Taluk, Kancheepuram is quashed and this Suo Motu Transfer Case is disposed of.

03.09.2025 veda electronically alone. The Trial Court shall take note of the order and accordingly classify the case pending before them as allowed / dismissed / disposed of, etc, and while doing so, consider any applications such as disposal of properties, etc., and pass appropriate orders, as may be necessary. Further, the Court below is directed to dispatch the copy of this order to all concerned.

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D.BHARATHA CHAKRAVARTHY, J.

veda 03.09.2025 Page No.3 of 3