Madras High CourtCRL OP(MD)/13533/2024disposed of

Boss @ Baskaran v. The Inspector Of Police

2024-09-25Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.09.2024

CORAM

THE HON'BLE MR.JUSTICE K.MURALI SHANKAR Boss @ Baskaran : Petitioner/Sole Accused Vs.

The Inspector of Police, Kenikarai Police Station, Ramanathapuram.

Crime No.16 of 2011.

: Respondent PRAYER : Criminal Original Petition filed under Section 528 of BNSS, to direct the respondent to conduct the speedy investigation in Crime No.16 of 2011 for the offence under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act pending on the file of the respondent and to file final report. For Petitioner : Mr.J.Vivek For Respondent : Mr.K.Sanjai Gandhi, Government Advocate (Criminal Side)

ORDER

This Criminal Original Petition has been filed, invoking Section 528 of BNSS, to direct the respondent to conduct the speedy investigation in Crime No. 1/4

16 of 2011 for the offence under Section 8(c) r/w 20(b)(ii) (B) of NDPS Act pending on the file of the respondent and to file final report.

2. When the matter was taken up earlier on 20.09.2024, this Court, considering the submission made by the learned Government Advocate (Criminal Side) that they have handed over the property to the jurisdictional Magistrate Court on 12.09.2024 and that charge sheet was made ready on 19.12.2012, directed the Inspector of Police, Kenikarai Police Station to appear before this Court on 25.09.2024.

3. When the matter is taken up for hearing today, (ie., 25.09.2024), Mr.K.Arumugam, Inspector of Police, Kenikarai Police Station, is present and he has also filed a status report. According to him, he took charge only in February 2024. The petitioner was charged for the offence of possessing 1100 kgms of Ganja and according to the prosecution, they have seized the contraband at the time of arresting the petitioner; and that they have not chosen to produce the contraband before the jurisdictional Court for the past 12 years.

4. Moreover, FIR came to be registered on 13.01.2011 and the same is kept pending till now. Considering the above lapses, the Superintendent of Police is 2/4

directed to conduct enquiry with regard to the above lapses and file a report before the jurisdictional Court and the respondent police is directed to file final report before the jurisdictional Court within a period of one week from the date of receipt of copy of this order.

5.With the above directions, the Criminal Original Petition is disposed of. 25.09.2024 NCC : Yes/ No Index : Yes/No Internet : Yes/ No das To 1.The Superintendent of Police, Ramanathapuram District.

2.The Inspector of Police, Kenikarai Police Station, Ramanathapuram.

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

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K.MURALI SHANKAR,J.

das Order made in Dated: 25.09.2024 4/4