Sathish Kumar v. The Intelligence Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 02/09/2024 PRESENT The Hon`ble Mr.Justice D.BHARATHA CHAKRAVARTHY Sathish Kumar, ... Petitioner/Accused No.3 Vs The Intelligence Officer, Narcotics Control Bureau, Madurai Sub Zone, Madurai.

Ncb.F.No.48/1/04/2019-Ncb/mdu).

... Respondent/Complainant For Petitioner : Mr.M.Jegadeesh Pandian, Advocate.

For Respondent : Mr.C.Arul Vadivel @ Sekar, Special Public Prosecutor for NCB cases PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To release the petitioner/accused no.3 on interim bail in NCB F.No.48/1/04/2019-NCB/MDU on the file of the respondent. ORDER : The Court made the following order :- The petitioner/Accused, who was arrested and remanded to judicial custody 1/4

on 04.05.2019 for the offences punishable under Sections 8(c) r/w. 20(b)(ii)(C), 28 and 29 NDPS Act, in NCB F.No.48/1/04/2019-NCB/MDU, on the file of the respondent, seeks bail.

2. The case of the prosecution is that the petitioner and other accused had illegally transported 406.100 Kgs of Ganja by using vehicle bearing Registration No.TN-07-CF-5280. Hence, the complaint.

3. Heard the learned counsel on either side and perused the material records of the case.

4. Considering the facts and circumstances of the case and considering the nature of allegations involved, On the one hand, it has to be seen that a huge haul of contraband was recovered. On the other hand, now the incarceration is crossing five years, therefore, no further delay can be there in the trial. The detailed status report filed by the respondent also reveals that the case proceeded up to the stage of arguments and only at that stage, application for recall of witnesses for cross examination was filed. Thereafter, the witnesses are being recalled and they are being cross examined. Now only, P.W.5 has to be cross examined and thereafter the 2/4

matter can be argued. Therefore, the prosecution is directed to produce P.W.5. without fail on the next date of hearing, which is said to be posted on 20.09.2024. The trial court is requested to take up the matter on a preferential basis on that date and thereafter, the C.C. can be listed on day-to-day basis and concluded at the earliest.

5. Considering the fact that the case is of the year 2019 and the accused are not granted bail and already the Supreme Court has observed that the trial should be completed early. I am not inclined to enlarge the petitioner on bail, for the present. The copy of this order shall be produced before the trial court.

6. Hence, this Petition is dismissed.

sd/- 02/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1 THE PRINCIPAL SPECIAL JUDGE FOR EC AND NDPS ACT CASES, MADURAI.

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

3 THE SUPERINTENDENT, CENTRAL PRISON, MADURAI.

4 THE SPECIAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

ORDER

IN CRL OP(MD) No.14080 of 2024 Date :02/09/2024 SS/SG/SAR- /10/09/2024/4P/5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4