Madras High CourtCRL OP(MD)/3003/2022dismissed

Britto v. The Inspector Of Police

2022-04-26Honourable Mr Justice B.Pugalendhi2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 26.04.2022 PRESENT The Hon`ble Mr.Justice B.PUGALENDHI CRL OP(MD). No.3003 of 2022

1. Britto

2. Victor

...Petitioners/Accused No.1 & 2

Vs State rep.by The Inspector of Police, NIB CID, Thoothukudi, Thoothukudi District.

(Crime No.10 of 2021) ... Respondent/Complainant For Petitioners : Mr.S.Muniyandi, Advocate For Respondent : Mr.T.Senthilkumar Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C PRAYER :- For bail in Crime No.10 of 2021 on the file of the Respondent police.

ORDER : The Court made the following order :- The petitioners, who were arrested on 12.04.2021 for the offence punishable under Sections 8(c) r/w. 21(C), 29(1) and 25 of NDPS Act, in Crime No.10 of 2021 on the file of the respondent Police, seek bail.

2. The case of the prosecution is that the petitioners were found in illegal possession of 3 kgs. of hasish oil. Hence, the complaint.

3. The first petitioner moved this petition for the third time and the second petitioner moved this petition for the fourth time. The earlier bail petitions filed by the petitioners were dismissed by this Court, considering the quantity of contraband involved in this case.

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4. Since there is no change in circumstances after the dismissal of earlier bail petitions, this Court is not inclined to grant bail to the petitioners. Accordingly, the Criminal Original Petition is dismissed.

5. At this juncture, the learned counsel for the petitioners submits that in this case, charge sheet was filed and the same has also been taken on file in C.C.No.565 of 2021. Since the petitioners have been languishing in jail from 12.04.2021, he prays for speedy trial.

6. Considering the request made by the learned counsel for the petitioners and also considering the period of incarceration, the trial Court, namely, the First Additional Special Court for NDPS Act cases, Madurai, is directed to complete the trial and dispose of the case in C.C.No.565 of 2021, within a period of six months from the date of receipt of a copy of this order.

Sd/- 26/04/2022 / TRUE COPY / / /2022 Sub-Assistant Registrar (C.S.IV) Madurai Bench of Madras High Court, Madurai - 625 023.

OGY TO

1. THE FIRST ADDITIONAL SPECIAL COURT FOR NDPS ACT CASES, MADURAI.

2. THE INSPECTOR OF POLICE, NIB CID, THOOTHUKUDI, THOOTHUKUDI DISTRICT.

3. THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4. THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

COPY TO: THE REGISTRAR(JUDICIAL), MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.3003 of 2022 Date :26/04/2022 SP/PN/SAR IV/25/05/2022/2P/6C https://hcservices.ecourts.gov.in/hcservices/