Solaiyappan v. The Intelligence Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 30/06/2021 PRESENT The HON'BLE MR.JUSTICE G.R.SWAMINATHAN CRL OP(MD). No.8159 of 2021 Solaiyappan ... Petitioner/Accused Vs.
The State rep. by The Intelligence Officer, Narcotics Control Bureau, Madurai Sub Zone, Madurai.
(NCB F.No.48/1/03/2019/NCB/MDU) ... Respondent/Complainant For Petitioner : Mr.Ganapathi Subramanian.P, Advocate.
For Respondent : Mr.Arul Vadivel @ Sekar, Special Public Prosecutor for NCB Cases PETITION FOR BAIL Under Sec.439 of Cr.P.C.
PRAYER :
To enlarge the petitioner on bail in NCB F.No.48/1/03/2019/NCB/MDU on the file of the respondent police. ORDER : The Court made the following order :- The petitioner is in custody since 26.04.2019 for the offence under Section 8(C) r/w. Sections 21, 28 & 29 of the NDPS Act, 1985. The petitioner's earlier bail petition was dismissed on 27.09.2019. There is no change in circumstance. However, there is some merit in the contention of the petitioner's counsel that since even the trial has not been taken up, the petitioner's fundamental right to speedy trial guaranteed under Article 21 of the Constitution of India has been infringed. It is also stated that there are only six witnesses to be examined.
2.Therefore, I direct the trial court to complete the trial and dispose of the matter on merits and in accordance with law within a period of six months from the next hearing date. If within the above said period, the trial is not completed, this Court will be constrained to award compensation.
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3.The criminal original petition stands dismissed with the above direction.
sd/- 30/06/2021 / TRUE COPY / / /2021 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
TO
1. THE ADDITIONAL DISTRICT AND SESSIONS JUDGE/PRESIDING OFFICER, SPECIAL COURT FOR E.C & NDPS ACT CASES, PUDUKKOTTAI.
2. DO-THROUGH : THE PRINCIPAL DISTRICT & SESSIONS JUDGE, PUDUKKOTTAI DISTRICT.
3. THE SUPERINTENDENT, CENTRAL PRISON, TRICHY.
4. THE INTELLIGENCE OFFICER, NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.
5. THE SPECIAL PUBLIC PROSECUTOR FOR NCB CASES, 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.8159 of 2021 Date :30/06/2021 SKM USK/AKM/SAR-IV : 14/07/2021 : 2P/7C https://hcservices.ecourts.gov.in/hcservices/