Arivazhagan v. Union Of India
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Ninth day of September Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice G.ILANGOVAN in CRL A(MD) No.111 of 2024 ARIVAZHAGAN ... Petitioner / Petitioner / Appellant Vs 1 UNION OF INDIA THROUGH THE INTELLIGENCE OFFICER, NARCOTIES CONTROL BUREAU, MADURAI SUB- ZONE, MADURAI.
(NCB.F.NO.48/1/03/2020/NCB-MDU) ... Respondent / Respondent / Respondent Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to relax the condition imposed by this Honble Court in Crl.MP(MD) No. 5869/2024 dated 12.06.2024.
Prayer in CRL A(MD) No.111 of 2024:
To calling for the records pertaining to the conviction and sentence passed in C.C.No.577 of 2021 on the file of the leanred II Additional Special Court for NDPS Court Act Cases, Madurai dated 07.09.2023 and set aside the same. Order : This criminal miscellaneous petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments 1/3
of M/s.S.MANDHIRALINGESWARAN, Advocate for the petitioner and of Mr.C.ARULVADIVEL @ SEKAR, Special Public Prosecutor for NCB Cases on behalf of the Respondent, the Court made the following order:- This Court, while granting suspension of sentence on 20.03.2024, imposed a condition that the petitioner shall appear before the concerned Court daily twice at 10.30. a.m. and 5.30 p.m. till the disposal of the appeal. Therefore, by order dated 12.06.2024 in Crl.M.P.(MD)No.5869 of 2024, the said condition was modified to the effect that the petitioner shall appear before the concerned Court, on every Monday at 10.30 a.m., until further orders. Now, the petitioner has filed this petition seeking to relax the said condition.
2. The learned counsel appearing for the petitioner submits that the petitioner is regularly complying with the condition imposed by this Court. He further submits that the petitioner is the sole breadwinner of the family and due to the said condition, he is not able to attend his coolie work and therefore, his family is facing financial crisis. Therefore, he seeks for relaxation of the said condition.
3. Heard Mr.C.Arul Vaidvel @ Sekar, learned Special Public Prosecutor for NCB Cases.
4. Considering the gravity of offence said to have been committed, the petitioner is not entitled for relaxation of the said condition and if the said condition is relaxed, the petitioner may abscond. Therefore, there is no reason to relax the said 2/3
condition.
5. Accordingly, this petition is dismissed.
sd/- 09/09/2024 / TRUE COPY / /09/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
OGY To 1.The Special Judge, II Additional Special Court for NDPS Act Cases, Madurai. 2.The Intelligence Officer, Narcotics Control Bureau, Madurai Sub Zone, Madurai.
3.The Special Public Prosecutor for NCB Cases, Madurai Bench of Madras High Court, Madurai.
ORDER
IN in CRL A(MD) No.111 of 2024 Date :09/09/2024 ED/ GS /SAR- (12/09/2024) 3P / 4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3