B.Kaliyugakannan v. The Intelligence Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixth day of December Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice K.K. RAMAKRISHNAN IN CRL MP(MD) No.5363 of 2019 in CRL A(MD) No.475 of 2023 B.KALIYUGAKANNAN ... Petitioner / Petitioner / Appellant Vs THE INTELLIGENCE OFFICER NCB, SOUTH ZONAL UNIT, CHENNAI.
(NCB F.No.48/1/02/2015/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 that the petitioner shall appear before the trial court once in a week until further orders are imposed in Crl.MP(MD)No.5363/2019 in Crl.A(MD) No.475/2017 dated 03.11.2023 on the file of this Hon'ble Court. PRAYER CRL MP(MD)No.5363 of 2019: Criminal Miscellaneous petition has been filed under Section 389(1) of Criminal Procedure Code, praying to suspend the sentence imposed against the petitioner / 2nd accused in C.C. No.131 of 2015 on the file of the learned Additional District and Sessions Judge / Presiding Officer, Special 1/4
Court for EC&NDPS Act Cases, Pudukottai dated 06.10.2017 and release the petitioner on bail till the disposal of the appeal. PRAYER IN Crl. A.(MD) No.475 of 2017:
To take this file an appeal call for records relating to judgment in C.C.No.131 of 2015 dated on 06.10.2017 on the file of the Additional District Sessions Judge/Presiding Officer Special Court for E.C. And NDPS Act Case, Pudukkotai and set aside the same and acquit the Appellant from all charges framed against him and thus render justice.
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 of M/S.MURUGENDRAN.G, Advocate for the petitioner and of Mr.C.ARUL VADIVEL @ SEKAR, Special Public Prosecutor for NCB Cases on behalf of the Respondent, the court made the following order:- This Miscellaneous Petition has been filed to relax the condition imposed on the petitioner/A2 in Crl.M.P.(MD).No.5363 of 2019 in Crl.A.(MD)No.475 of 2017, by this Court vide order dated 03.11.2023.
2. The learned counsel for the petitioner would submit that as per the direction of this Court, the petitioner is complying with the Conditions imposed by this Court regularly and hence he prayed to relax the condition.
3. The learned Additional Public Prosecutor would submit that petitioner is complying with the conditions imposed by this Court regularly.
4. Considering the submissions made on either side, the condition imposed as against the petitioner is modified and the petitioner/A2 is directed to report before 2/4
the learned Additional District and Sessions Judge/Presiding Officer, Special Court for EC&NDPS Act Cases, Pudukottai, once in 15 days of every English Calendar month.
sd/- 06/12/2023 / TRUE COPY / /12/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.
PJL To 1.The Additional District and Sessions Judge / Presiding Officer, Special Court for EC & NDPS Act Cases, Pudukottai.
2.The Intelligence Officer, NCB, South Zonal Unit, Chennai.
3.The Special Public Prosecutor of NCB Cases, Madurai Bench of Madras High Court, Madurai.
+1 CC to M/s.G.MURUGENDRAN, Advocate ( SR-17317[I] dated 06/12/2023 ) 3/4
ORDER
IN IN CRL MP(MD) No.5363 of 2019 in CRL A(MD) No.475 of 2023 Date :06/12/2023 ED/DD/SAR- (07/12/2023) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4