Mohamed Mubarak @ Thakkali Mubarak v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.06.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Mohamed Mubarak @ Thakkali Mubarak ... Petitioner Vs.

State Represented by The Inspector of Police, Palakkarai Police Station, Trichy City.

Crime No.1199 of 2022 ... Respondent PRAYER : Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to direct the Special Court for E.C. and NDPS Act Cases, Pudukottai to dispose of the case in C.C.No.257 of 2023 within a reasonable time as stipulated by this Court. For Petitioner : Mr.C.Karthikeyan For Respondent : Mr.M.Sakthikumar Government Advocate (Crl. side)

ORDER

The petitioner has approached this Court seeking a direction to the Special Court for E.C. and NDPS Act Cases, Pudukottai to dispose of the 1/4

case in C.C.No.257 of 2023 within a reasonable time as stipulated by this Court.

2.The case of the petitioner is that the petitioner along with other accused have illegally transported 22 kgs of Cannabis. Hence, a case in Crime No.1199 of 2022 was registered against the petitioner and others. The respondent police, after completing the investigation, has filed the final report before the Special Court for E.C. and NDPS Act Cases, Pudukottai and the same has been taken on file in C.C.No.175 of 2023. After trial, except the petitioner, all the accused were acquitted by the trial Court. Since non-service of summon, the petitioner's case alone was split up in C.C.No.257 of 2023.

3.Heard the learned counsel on either side and perused the materials placed on record.

4.The petitioner is an accused No.7 in C.C.No.257 of 2023. He has approached this Court that all the accused have already been acquitted by the trial Court. However, the trial has not been proceeded in the case, which is pending against the petitioner. The petitioner who has been following the progress of the trial, without participating in the trial, has 2/4

approached this Court after acquittal of the co-accused. Therefore, this Court is not inclined to issue such a direction as prayed for by the petitioner.

5.Accordingly, this Criminal Original Petition is dismissed. 11.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No sji To 1.The Special Court for E.C. and NDPS Act Cases, Pudukottai. 2.The Inspector of Police, Palakkarai Police Station, Trichy City.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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B.PUGALENDHI , J.

sji 11.06.2024 4/4