Prakash v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 11/08/2023 PRESENT The Hon`ble Mr.Justice G.ILANGOVAN Prakash, ... Petitioner/Accused No.1 Vs State Rep.by The Inspector of Police, Othakadai Police Station, Madurai District.

Crime No. 189 of 2022..

... Respondent/Complainant For Petitioner : M/s Shanmuganathan.VR, Advocate. For Respondent : Mr.S.Ravi, Additional Public Prosecutor PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail in Crime No.189 of 2022 on the file of the Respondent Police. ORDER : The Court made the following order :- The petitioner/Accused herein, who was arrested on 21.06.2022 for the alleged offence under Sections 8(c), r/w 20(b)(ii)(c) 25 and 29(1) of Narcotic Drugs and 1/4

Psychotropic Substances Act, 1989, in Crime No.189 of 2022, on the file of the respondent police, seeks bail.

2.The case of the prosecution is that on 21.06.2022, the defacto complainant was in inspection duty by intercepting the vehicles, in the Madurai - Trichy Bye Pass Road, at the back of Madurai Bench of Madras High Court, she found the petitioner with 1000 kilograms of Ganja in a vehicle bearing registration No.TN 58 BE 9688. Hence, the complaint.

3.On the ground that the petitioner is entitled to statutory bail, this petition has been filed.

4.The learned Additional Public Prosecutor would submit that the earlier applications filed by the petitioner was dismissed by this Court on the ground that the contraband is commercial quantity and the twin conditions of the NDPS Act, was not satisfied by the petitioner. Final report has been filed before the Special Court, Madurai and the same was taken cognizance in C.C.No.309 of 2023. Hence, a direction was also issued to the trial Court while dismissing the earlier application to complete the trial process within a period of three months from the date of receipt of a copy of this order. Now the case was posted on 16.08.2023. Some of the accused are absconding.

5.Since already there was a direction by this Court to the trial Court to 2/4

complete the trial process within a period of three months in Crl.O.P.(MD).No.10515 of 2023 dated 15.06.2023, let the trial process be taken up against the accused persons, who are regularly appearing, by splitting up the case, proceed and comply the above said direction.

6.With the above said directions, this criminal original petition stands dismissed.

sd/- 11/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TM TO THE SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

THE INSPECTOR OF POLICE OTHAKADAI POLICE STATION, MADURAI DISTRICT.

THE SUPERINTENDENT, CENTRAL JAIL, MADURAI.

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

COPY TO THE REGISTRAR (JUDICIAL) MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

THE SECTION OFFICER, CRIMINAL SECTION, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. CC to MR.VR.SHANMUGANATHAN, Advocate SR.No.38578(F)

ORDER

IN CRL OP(MD) No.14712 of 2023 Date :11/08/2023 PKP/VRS/SAR- /18.08.2023/ 4P/8C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4