Solaiyappan v. The Intelligence Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twentieth day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice VIVEK KUMAR SINGH in CRL A(MD) No.308 of 2022 SOLAIYAPPAN ... Petitioner / Petitioner / Appellant Vs THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI DISTRICT.

(NCB F.NO.48/1/03/2019 NCB-MDU.) ... Respondent / Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the condition No.(i) imposed in Crl.MP.(MD).No.18028 of 2023 in Crl.A.(MD). No.308 of 2022 dt.24.1.2024.

Prayer in CRL A(MD) No.308 of 2022:

To call for the records in C.C.No.119 of 2019 relating to the judgment dated 12.01.2022 passed by the Additional District and Sessions Judge / Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai and to set aside the judgment of the conviction on the appellant / accused. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/s.R.PONKARTHIKEYAN, Advocate for the petitioner and of Mr.POZHILAN, Advocate for Mr.C.ARULVADIVEL @ SEKAR, Special Public Prosecutor for NCB Cases on behalf of the Respondent, the court made the following order:- This petition has been filed to relax the condition No.(i) imposed on the petitioner in Crl.M.P.(MD)No.18028 of 2023 on 24.01.2024. 1/3

2.The learned counsel for the petitioner submitted that the petitioner did not have any blood relatives except his son, who is residing in Malaysia and hence, he prayed to modify the condition as regular sureties instead of blood sureties.

3. Mr.Pozhilan, learned counsel representing Mr.C.Arulvadivel @ Sekar, learned Special Public Prosecutor for NCB cases submitted that he has no objection to modify the condition as prayed for by the petitioner. 4.Considering the submissions of the learned counsel on both sides, the condition (i) imposed by this court in Crl.M.P.(MD)No.18028 of 2023 on 24.01.2024 alone is modified to the effect that the petitioner shall execute a bond for a sum of Rs.25,000/- with two regular sureties each for a like sum to the satisfaction of the learned Additional District and Sessions Judge/Presiding Officers, Special Court for EC & NDPS Act Cases, Pudukottai.

sd/- 20/02/2024 / TRUE COPY / /02/2024 Sub-Assistant Registrar (C.S. I / II / III /IV) Madurai Bench of Madras High Court, Madurai - 625 023.

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To 1.The Additional District and Sessions Judge / Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkotai. 2.The Intelligence Officer, Narcotics Control Bureau, Madurai.

3.The Superintendent, Central Prison, Trichy.

4.The Special Publi Prosecutor for NCB Cases, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.R.PON KARTHIKEYAN, Advocate ( SR-2140[I] dated 21/02/2024 )

ORDER

IN in CRL A(MD) No.308 of 2022 Date :20/02/2024 ED/ GS /SAR- (22/02/2024) 3P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3