Dhilipkumar v. The State Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 15/11/2024 PRESENT The HONOURABLE MR. JUSTICE B.PUGALENDHI Dhilipkumar ... Petitioner/Accused No.4 Vs The State of Tamilnadu, Rep by the Inspector of Police, Theppakulam Police Station, Madurai City, (Cr.No.264 of 2023.) ... Respondent/Complainant For Petitioner :

M.Sridharan, Advocate.

For Respondent :

Mr.P.Kottaichamy, Government Advocate (Crl.Side) PETITION FOR BAIL Under Sec.483 of BNSS PRAYER :- To enlarge the petitioner/Accused No.4 on bail in connection with Crime No.264 of 2023 on the file of the respondent police pending trial in C.C.No.1017 of 2023 on the file of the Special Court for NDPS Act Cases, Madurai. ORDER : The Court made the following order :- The petitioner, who is an accused in CC No.1017 of 2023, on the file of 1/4

the Special Court for NDPS Act Cases, Madurai for the offences punishable under Sections 20(b)(ii)(c), 29(1) and 8(c) of the NDPS Act, 1985 seeks bail. 2.The case of the prosecution is that on 13.06.2023, at about 7.00 a.m, the petitioner along with other accused found in possession of 24 kg of ganja, near Railway Station, Madurai.

3.The earlier application filed by this petitioner in Crl.OP(MD) No.7667 of 2024 was dismissed by this Court on 11.06.2024, considering the quantity of ganja and the bar under Section 37 of the NDPS Act. 4.Now, the petitioner has moved this application that a charge sheet has been filed in CC No.1017 of 2023 before the Special Court for NDPS Act Cases, Madurai.

5.The learned Government Advocate (Crl.side) submits that the trial in CC No.1017 of 2023 has been commenced and the case is posted to 18.11.2024 for examination of the investigating officer.

6.In the meantime, a report has been called for from the concerned Judge as to the stage of the case. A report, dated 30.10.2024 has also been placed before this Court that the respondent police have not produced the witnesses to the Court properly.

7.Considering the nature of allegations, the bar under Section 37 of the 2/4

NDPS Act and the stage of the case, this Criminal Original Petition is dismissed with a direction to the respondent police to produce the witnesses to the trial Court without any further delay. The learned Special Judge, District and Sessions Court, (Communal Clashes Cases), Madurai shall endeavour to dispose of the case in CC No.1017 of 2023 as expeditiously as possible. sd/- 15/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (C.S.I /II /III /IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

VRN To 1.The Special Judge, District and Sessions Court, (Communal Clashes Cases), Madurai.

2.The Inspector of Police, Theppakulam Police Station, Madurai City.

3.The Superintendent, Central Prison, Madurai.

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

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Copy to:

The Judge, Principal Special Court for NDPS Act Cases, Madurai.

ORDER

IN CRL OP(MD) No.17234 of 2024 Date :15/11/2024 ED/ GSV /SAR- (03/12/2024) 4P / 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4