Madras High CourtCRL OP(MD)/7934/2021dismissed

A. D.Arun v. The Intelligence Officer

2021-09-06Honourable Mr Justice G.R.Swaminathan2 pages

CRL OP(MD). No.7934 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/09/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.7934 of 2021 A.D.Arun ... Petitioner/Accused Vs.

The State rep.by, The Intelligence Officer, Narcotics Control Bureau, Madurai Sub Zone, Madurai.

Crime No.NCB.F.No.48/1/07/2018-NCB/MDU. ... Respondent/Complainant For Petitioner : MR.R.Anand, Advocate.

For Respondent : Mr.Arul Vadivel @ Sekar, Special Public Prosecutor for NCB.

PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :-For Bail in Crime No.NCB.F.No.48/1/07/2018-NCB/MDU on the file of the respondent Polcie.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Special Public Prosecutor appearing for the respondent.

2. The petitioner is arrayed as accused No.1. He was arrested and remanded to judicial custody on 12.06.2018 for the offences punishable under sections 8(C) r/w.20(b)(ii)(C), 25, 27(A), 28 and 29 of NDPS Act, in Crime No.NCB.F.No.48/1/07/2018-NCB/MDU on the file of the respondent police. He seeks bail. 3.The case on hand involves commercial quantity. The petitioner's earlier bail petitions have suffered dismissal on merits. This is the petitioner's fifth attempt. But there is no change in circumstance. The primary reason for filing this petition is that the trial Court had not completed the trial within the time stipulated by this Court on the earlier occasion.

4. Today when the matter was taken up for hearing, the learned Special Public Prosecutor informed the Court that the prosecution had completed its side of the evidence. Examination under Section 313 of Cr.P.C. is also over. It is the turn of the defence to adduce https://hcservices.ecourts.gov.in/hcservices/ 1/2

CRL OP(MD). No.7934 of 2021 evidence. If the petitioner dragged on the proceedings, the prosecution can not be faulted. After the defence adduced his defence evidence, the learned Special Public Prosecutor shall argue the case on merits without prolonging the matter.

5. With this observation, this criminal original petition is dismissed.

sd/- 06/09/2021 / 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 SUPERINTENDENT, CENTRAL PRISON, MADURAI.

2 THE INTELLIGENCE OFFICER NARCOTICS CONTROL BUREAU, MADURAI SUB ZONE, MADURAI.

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

ORDER

IN CRL OP(MD) No.7934 of 2021 Date :06/09/2021 PMU MK/VR/SAR.III/08.09.2021/2P/4C https://hcservices.ecourts.gov.in/hcservices/ 2/2