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Madras High CourtCRL OP(MD)/22519/2022disposed of

R.Siva v. The Competent Authority Under Safem (Fop) And Ndps Acts

2024-03-05Honourable Mr Justice M.Dhandapani5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI R.Siva ... Petitioner Vs.

1.The Competent Authority under SAFEM (FOP) and NDPS Act, Shastri Bhavan, New Building Complex, 4th Floor, No.26, Haddows Road, Chennai-600 006.

2.The Superintendent of Police, Tirunelveli District, Tirunelveli.

3.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

4.The Bank Manager, Indian Overseas Bank, South Vijayanarayanapuram Branch, Tirunelveli District.

... Respondents PRAYER:- Petition filed under Section 482 of Cr.P.C., to direct the third respondent to instruct the fourth respondent to defreeze the petitioner's account 1/5

bearing Account No.1186010000013754 maintained in the fourth respondent bank within the time stipulated by this Court which was freezed by the third respondent.

For Petitioner : Mr.N.Pragalathan For Respondents : The Competent Authority for R1 Mr.B.Nambiselvan Additional Public Prosecutor for R2 & R3

ORDER

This Criminal Original Petition has been filed to direct the third respondent to instruct the fourth respondent to defreeze the petitioner's account bearing Account No.1186010000013754 maintained in the fourth respondent bank within the time stipulated by this Court which was freezed by the third respondent.

2.The case of the petitioner is that based on the secret information, the third respondent police intercepted the petitioner and other accused, seized 150 grams of Ganja and registered a case in crime No.264 of 2022 for the offences under Sections 8(c) and 20(b)(ii)(A) of the NDPS Act and Section 77 of the Juvenile Justice (Care and Protection of Children) Act, 2015 and the petitioner 2/5

and other accused person. During the investigation, the fourth respondent frozen the petitioner's account as per the letter issued by the Panagudi Police Station in FIR No.264 of 2022. For defreezing the account, the petitioner made a representation on 08.11.2022 to the respondents and the same was not considered. Hence, the petitioner has filed the present petition with the above said prayer.

3.The learned counsel for the petitioner would submit that this Court may issue a direction to the third respondent to pass orders on the petitioner's representation dated 08.11.2022, within a reasonable time as fixed by this Court.

4.The learned Additional Public Prosecutor would submit that the petitioner's representation will be considered in the manner known to law. 5.In view of the same, the third respondent is directed to consider the petitioner's representation dated 08.11.2022 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

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6.With the above directions, this Criminal Original Petition is disposed of.

Index : Yes/No 05.03.2024 Internet : Yes/No NCC : Yes/No Sji To 1.The Superintendent of Police, Tirunelveli District, Tirunelveli.

2.The Inspector of Police, Panagudi Police Station, Panagudi, Tirunelveli District.

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

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M.DHANDAPANI, J.

Sji 05.03.2024 5/5