Manjula Arsupillai v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 06/02/2020 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN CRL OP(MD). No.19276 of 2019 Manjula Arsupillai ... Petitioner/Sole Accused Vs State Rep.by The Inspector of Police, Central Bureau of Narcotics Preventive, Madurai Sub Zone, Madurai.

(CIB Cr.No.2 of 2016.) ... Respondent/Complainant For Petitioner : M/s. R. Rajan, Advocate.

For Respondent : Mr.Arulvadivel @ Sekar, Special Public Prosecutor for NCB Cases PETITION FOR BAIL Under Sec.439 of Cr.P.C.

PRAYER :- For Bail petition in CIB Cr.No.2 of 2016 on the file of the respondent.

ORDER : The Court made the following order :- Heard the learned counsel appearing for the petitioner and the learned Government Advocate(Crl. Side) appearing for the respondent.

2. petitioner is in custody since 05.12.2016, for the offences under Sections 8(c), read with 22, 23, 28 and 29 of NDPS Act in CIB Crime No.2 of 2016 on the file of the respondent police. She bail.

3. The petitioner was found to be in possession of 3450 Zolpidem Tartrate Tablets, 640 numbers of Restonite Tablets, 8400 numbers of Becalm Tablets and 20 bottles of eskuf syrup. There are totally eight witnesses in this case, out of which six are official witnesses and two are independent witnesses.

https://hcservices.ecourts.gov.in/hcservices/

4.It is very unfortunate that the trial has not at all progressed for all these months. The accused is definitely entitled to speedy trial. That is a fundamental right guaranteed under Article 21 of the Constitution of India. In this case I prima facie find that this right has been infringed.

5.The learned counsel for the petitioner advanced a host of contentions. I am of the view that interest of justice will be served by directing the conclusion of this case on merits and in accordance with law on or before 15.04.2020. If trial cannot be concluded before the said date, the petitioner will be at liberty to renew her bail application. It is made clear that I have not gone into the merits of the matter.

6.Accordingly, this Criminal Original Petition stands dismissed.

sd/- 06/02/2020 / TRUE COPY / / /2020 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE ADDITIONAL DISTRICT JUDGE AND SPECIAL COURT FOR EC AND NDPS ACT CASES, PUDUKOTTAI.

2 THE SUPERINTENDENT, SPECIAL PRISON FOR WOMEN, TRICHY.

3 THE INSPECTOR OF POLICE CENTRAL BUREAU OF NARCOTICS PREVENTIVE, MADURAI SUB ZONE, MADURAI.

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

+1CC to M/S. R. RAJAN Advocate SR.No.2502 +1CC to Special Public Prosecutor SR.No.2471

ORDER

IN CRL OP(MD) No.19276 of 2019 Date :06/02/2020 https://hcservices.ecourts.gov.in/hcservices/ AM/VR/SAR4/07/02/2020/2P/7C