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Madras High CourtCRL OP(MD)/11846/2023disposed of

Vetri @ Migavel v. The Inspector Of Police

2023-07-11Honourable Mr Justice G.Ilangovan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/07/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Vetri @ Migavel ... Petitioner / Accused No.2 Vs State rep by The Inspector of Police, Palakkarai Police Station, Trichy City.

(Crime No.1199 of 2022).

... Respondent / Complainant For Petitioner : M/s.Devaki A, Advocate.

For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- To enlarge the petitioner on bail in Crime No.1199 of 2022 on the file of the respondent police ORDER : The Court made the following order :- The petitioner, who was arrested on 12.11.2022 for the alleged offences under Sections 8(C) r/w.20(b)(ii)(c), 25 and 29(1) of the NDPS Act, 1985, in Crime No.1199 of 2022, on the file of the respondent police, seeks bail. 1/4

2.The case of the prosecution is that on secret information, the respondent police intercepted the a Swift Car bearing Registration No.TN55BR 7857, driven by the accused persons in Sangiliyandapuram Service Road, Trichy, they were found in possession of one gunny bag consisting of 22 Kgs of Ganja apart from four cell phones and a sum of Rs.50,000/-. The petitioner is also available in the above said car and on that ground, further process was undertaken and the petitioner arrested and remanded to judicial custody on 12.11.2022. Hence, the complaint. 3.The learned counsel for the petitioner submitted that the petitioner is an innocent person and he has not committed any offence as alleged by the prosecution. He further submitted that this petition is filed mainly on the ground that the entire investigation is over and charge-sheet was also filed before the concerned Court and therefore, custodial interrogation of the petitioner is not at all required.

4. The learned Additional Public Prosecutor appearing for the respondent police submitted that while conducting the search, the petitioner was very much available in the car. He further submitted that the contraband involved in this case is 22 Kgs, which is commercial quantity and Section 37 NDPS Act was not complied with.

5. When this Court about to dismiss the petition, the learned counsel 2/4

appearing for the petitioner would submit that it would be suffice, if the trial Court is directed to dispose of the case within a time frame fixed by this Court.

6. Considering the stage of the case and also taking note of the limited prayer now sought for by the learned counsel for the petitioner, the Special Court for E.C and NDPS Act Cases, Pudukkottai, is directed to complete the trial and dispose of the case within a period of five months from the date of receipt of a copy of this order.

With the above direction, this Criminal Original Petition is disposed of. sd/- 11/07/2023 / TRUE COPY / /07/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TTA To 1.The Additional District and Sessions Judge/Presiding Officer, Special Court for EC and NDPS Act Cases, Pudukkottai. 2.The Inspector of Police, Palakkarai Police Station, Trichy City.

3.The Superintendent, Central Prison, Trichy.

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

Copy to:

The Registrar (Judicial), Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.A.DEVAKI, Advocate ( SR-10544[I] dated 12/07/2023 )

ORDER

IN CRL OP(MD) No.11846 of 2023 Date :11/07/2023 ED/BUC/SAR- (29/07/2023) 4P / 7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4